Capital Gains & Losses

Cost basis of house received at divorce settlement

The transfer of the house to you that was "incident to a divorce" is treated as a tax-free exchange and not taxable. The cost basis to you would be the original cost, plus improvements made over the years, not the possible appreciated fair market value as of the date of the divorce. The current law allows an unmarried individual to exclude up to $250,000 ($500,000 married filing jointly)of gain realized on the sale of a residence. Speak to your local CPA about the divorce settlement and tax strategies involved, that might benefit you.

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