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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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HUSBAND AND WIFE HAVE BEEN SEPARATED YEARS. THEY SEPARATED

Customer Question

HUSBAND AND WIFE HAVE BEEN SEPARATED FOR 12 YEARS.
THEY SEPARATED IN 2002.
THEY BOTH OWNED THE HOUSE THAT WIFE LIVED IN.
HUSBAND DID NOT OCCUPY THE HOUSE FROM 2002 TO 2014 WHEN HOUSE WAS SOLD.
QUESTION:
CAN HUSBAND TAKE THE $ 250,000 EXCLUSION?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
To answer directly, for anyone to be eligible for the $250,000 exclusion, they have to physically reside on the premises for at least 2 of the past 5 years. If that did not occur, they are not eligible for the exclusion. here, if the spouse did not reside there, he is not able to take the exclusion.
Hope that helps clarify.
Sincerely,
Dimitry, Esq.

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