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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114099
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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If I moved out of my primary residence due to a divorce and

Customer Question

If I moved out of my primary residence due to a divorce and bought another home.
Can I claim the 2 year residency tax sale on the new house even though I ended up keeping the original home from the divorce decree. Can I then sell my original house and get the profit on sale tax exemption because I lived in that house for 11 years even though it is not my primary residence now ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that since you moved from the house it no longer was your primary residence, so even if you were awarded ownership in the divorce, you bought the new house and lived there so that would be your primary residence. If you have lived in the new house for 2 years, then if you sell the new house you can claim the exemption, which is a one time exemption.
You can only claim this exemption ONE TIME in your lifetime on sale of your primary residence, you cannot claim it more than one time.

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