Submitted By: Patti
Answered: July 30, 2013 8:30 am

My fiancé and I each own a home that has appreciated considerably in value. Do we need to sell the homes before we get married in order to maximize the home sale exclusion?

If you sell before or after you marry and the sales take place in the year of your wedding, on a joint return you can each use the $250,000 home exclusion. However, if either excludes less than $250,000, the unused exclusion amount cannot be used by the other spouse.

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Tax Glossary

Section 1231 property

Depreciable property used in a trade or business and held for more than a year. All Section 1231 gains and losses are netted; a net gain is treated as capital gain, a net loss as an ordinary loss.

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