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Divorce Buy-out Payments

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This entry was posted on 3/18/2007 6:07 PM and is filed under uncategorized.

In divorce situations, one spouse will sometimes buy out the other spouse and get full ownership of the house. If gain exclusion options for the sale of ones primary residence are not available for whatever reason, the sale of the house can present a tax problem.

The gain on the sale of a house is the difference between the sales price and what you payed for it, plus improvements, plus qualifying closing costs. Buy-out payments to a spouse do not reduce your gain, and are irrelevant. Usually with some planning, the sale of the house can be done tax free, but if it cannot, do not try to reduce the gain by counting what your paid your spouse for their share of the house.

Different assets have different tax attributes. Houses can contain future taxes owed, as do almost all 401(k) plans, and appreciated stock.

 

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