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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35738
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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My significant others selling her home. Probably will profit

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My significant other's selling her home.
Probably will profit $600,000
How long would we have to be married for her to get $250,000 deduction for spouse?
We live in California.

Good morning Patrick,

I'm Doug, and I'm sorry to hear of the confusion. I have assisted you a number of times in the past, and as always, my goal is to provide you with excellent service today.

Unfortunately, while your idea is a good one, the issue is not how long one has been married when it comes to the exemption for the capital gains tax on the sale of a property.

The issue is whether you have been the owner of the property, and resided on the property as your primary residential address for at least 2 of the past 5 years. And, each owner of the property qualifies for the exemption---even if there are more than 2 owners so long as it is their residence being sold.

In order for your significant other to include you for the additional $250,000 in exemption, you would have to have resided in the home as your primary legal residence for at least 2 years before the sale and have been a legal owner during that time as well---with your name on the actual deed. I am sorry.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Please understand that I have no control over the how the law impacts your particular situation.

Thank you,


LawTalk and 5 other Real Estate Law Specialists are ready to help you
Thank you once again for your positive rating of my service, Patrick . It is always my pleasure to assist you and I hope than you will continue to ask for me on JustAnswer as future needs arise.

I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question.

Thanks again.

Customer: replied 3 years ago.

I may not remember to do that.

Who knows when I'll have another legal question.

I'll try, Doug.

Thanks for spot on answer.


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