Unmarried co-titled adults fulfilling 24-out-of-60-month occupancy eligible for 250K exemption

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DEAR BENNY: My partner and I have a very serious decision to make quite soon. Can unmarried, co-titled adults on a property, having fulfilled the 24-out-of-60-month occupancy requirement each be eligible for the $250,000 exemption? –Pamela
DEAR PAMELA: The answer is yes. So long as both of your are on title, and have owned and lived in the property for two out of the five years before the property is sold, each of you is entitled to take the up-to-$250,000 exclusion of gain.
For more general information, I suggest that you go to www.irs.gov, click on Publications, and access and print Publication 523, entitled “Selling Your Home.” In fact, the Internal Revenue Service has a number of publications on many aspects of real estate, and all are free and worth reading.
Benny L. Kass is a practicing attorney in Washington, D.C., and Maryland. No legal relationship is created by this column.
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Filed under: Legal Advice in Common Scenarios, Money-Saving, Real Estate Market, Tax Issues




