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Caitlin S. Parenteau, ABR®, PSA
Caitlin S. Parenteau
REALTOR® Sales Associate, ABR®, PSA
C. 973.224.4820 | O. 973.729.6111
Coldwell Banker Realty
24 White Deer Plaza
Sparta, NJ 07871
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Is This Your Situation: How Will Divorce or Death Affect My Home-Sale Taxes?


The profit you make when selling a home is called "gain" and Uncle Sam may be able to get a piece of it. Fortunately, tax laws now exclude gains from taxation home sales up to $500,000 if you're married filing jointly or up to $250,000 for single filers. This means you can walk away with those amounts tax-free. There is no need to buy a replacement residence as under the old rules.

However, problems can arise when divorce or death occurs. In this case, one person receives their spouse's share of the home and must report capital gains from the sale of that home as a single tax filer. Fortunately, there are tax options that can help avoid paying more than necessary in capital gains taxes.

For Divorcing Couples

If divorcing homeowners have lots of equity in the home (more than $250,000), capital gains taxes can be minimized if they sell the house, take the gain and divide it as they see fit before they become single taxpayers and lose half their exclusion. (Again, as married home sellers, they can exclude up to $500,000 in gains from taxation, assuming they meet ownership and use tests).
If the house goes to one spouse in the divorce settlement, however, the now single tax filer who sells the house will have to pay taxes on all gains above their lower $250,000 exclusion limit.
Note: Whatever the home's tax basis was before the divorce, remains the same at the time of transfer. IRS Publication 504, Divorced or Separated Individuals, offers more information.

For Widows, Widowers

Upon the death of a spouse, the surviving spouse can only use the $500,000 capital gains exclusion during the tax year in which the spouse died—the last year the surviving spouse qualifies for "married, filing jointly" status. If the home is sold after that tax year, as a single filer he or she can only use the maximum $250,000 home-sale gain exclusion.
Be aware, however, that a surviving spouse with joint ownership of the home receives the deceased spouse's half interest one-half of the house's fair market value, usually fixed at the date of death. Added to the surviving spouse's half-portion basis (which remains unchanged), the new basis is likely to be higher, making the capital gain lower at sale time than it would have been before the death. 

How to Compute the Tax Basis of Your Home

To compute the capital gain (profit) on the sale of your home, you must first know your home's "basis"—your costs to acquire the home plus or minus any "adjustments." You may add certain items to your basis and you must subtract certain other items from it. If your gain is over the exclusion limit, make sure you have added in all qualified basis items.

Increases to Basis That Reduce Your Capital Gains Tax Liability When You Sell Include:

  • Improvements to your home (e.g., putting an addition on your home, replacing the entire roof, paving the driveway, installing air conditioning, etc., but not home-maintenance expenses)
  • Assessments for local improvements
  • Amounts spent to restore damaged property

Items That Decrease Your Basis and Increase Your Capital Gain Include:

  • Insurance reimbursement for casualty losses
  • Deductible casualty loss not covered by insurance
  • Payment received for granting an easement or right-of-way
  • Depreciation deduction for use of your home for business or as a rental property
  • Value of energy conservation subsidy
  • Points paid by the seller
  • Gains deferred on sale of a home before May 7, 1997

If you are going through a difficult time such as the ones describes above, reach out to me and I can help you to understand everything you need to know about your home-sale taxes.

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The information provided in this email newsletter is for general guidance only, and does not constitute the provision of legal advice, tax and accounting advice, real estate investment advice, or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional real estate, tax, accounting, legal, or other competent advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation. Home value estimate calculators provided herein are general estimations based on publicly available data and should not be used as a substitute for a professional appraisal. The information is provided “as is,” with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose.
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Mailing address: Coldwell Banker Realty, 24 White Deer Plaza, Sparta, NJ 07871