CA Real Estate

California Real Estate Law Questions? Get Answers Online Now.

Ask a Lawyer,
Get an Answer ASAP!

If you rented your home in 11/1/2011 and sold the property…

Customer Question
if you rented your home...
if you rented your home in 11/1/2011 and sold the property by 6/2016 . You lived in the property for 20 years prior to the
rental date . do you qualify for the primary residence deduction of 250,000 for single person married but filing separately??
Submitted: 2 years ago.Category: CA Real Estate
Show More
Show Less
Ask Your Own CA Real Estate Question
Answered in 11 minutes by:
1/20/2016
Lawyer: LawTalk, Attorney replied 2 years ago
LawTalk
LawTalk, Attorney
Category: CA Real Estate
Satisfied Customers: 37,876
Experience: I have nearly three decades of legal experience, including Real Estate Law, and have held a Real Estate Broker's License.
Verified

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

In order to take the $250,000 exemption to capital gains taxes on the sale of the property, you must have owned the home for at least 2 of the last 5 years immediately preceding the sale of the property and you must have utilized the property as your primary residential address for at least 2 years while you actually owned the property.

If you owned the home but rented it pout for the last 5 years of ownership, then you will not be eligible for the exemption. 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.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

Ask Your Own CA Real Estate Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: CA Real Estate
Satisfied Customers: 37,876
37,876 Satisfied Customers
Experience: I have nearly three decades of legal experience, including Real Estate Law, and have held a Real Estate Broker's License.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

37,876 satisfied customers

I have nearly three decades of legal experience, including Real Estate Law, and have held a Real Estate Broker's License.

legalgems

legalgems

attorney

183 satisfied customers

Just Answer consultant at Self employed

Richard Price, Esq

Richard Price, Esq

Attorney

59 satisfied customers

Attorney at The Law Office of Richard Samuel Price

N Cal Atty

N Cal Atty

Attorney

33 satisfied customers

attorney at self

Roy Hadavi

Roy Hadavi

21 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Bruce Schreiber

Bruce Schreiber

Attorney/Realtor

15 satisfied customers

Attorney At Law at SELF

Ben S.

Ben S.

Attorney

11 satisfied customers

Real Estate Attorney (California)

< Previous | Next >

Related CA Real Estate Questions
Unlawful Detainer for Commercial Lease resulted in judgment
Unlawful Detainer for Commercial Lease resulted in judgment for money and possession. Tenant refuses to leave so I have to evict him. It looks like the correct form is CD-130 for a writ of possession.… read more
legalgems
legalgems
attorney
Juris Doctorate
183 satisfied customers
We are selling a condo that we bought in July, 2016 in order
Thank you. We are selling a condo that we bought in July, 2016 in order that our son, a Post Doctoral researcher (at the time) would have a place to live. He has now taken a job in another state and n… read more
legalgems
legalgems
attorney
Juris Doctorate
183 satisfied customers
Tenants moved out. They refused to have pre-move out
Tenants moved out. They refused to have pre-move out inspection nor a move out inspection, did not return the keys, admit taking owner's personal items. After they received the refund and the list of … read more
legalgems
legalgems
attorney
Juris Doctorate
183 satisfied customers
My cousin, best friend has a beautiful home on the water.
My cousin, best friend has a beautiful home on the water. These homes were built by a contractor and all basically the same with just a few minor differences in configuration.The homes in this area ar… read more
legalgems
legalgems
attorney
Juris Doctorate
183 satisfied customers
My moms house is going to be left to my sister and I, I will
my moms house is going to be left to my sister and I, I will get 3/4 she will get 1/4, my understanding if I live in it for at least two yrs and then sell it I would not have to pay that 15 percent ta… read more
Ray
Ray
Lawyer
Doctoral Degree
33,770 satisfied customers
Real Estate My father owns a property in California. Only
Real Estate My father owns a property in California. Only his name is ***** ***** title and deed. It was done with the intension of just having my dad do the docs signing to make the process easier. I… read more
Ray
Ray
Lawyer
Doctoral Degree
33,770 satisfied customers
We were thinking about selling our rental property - house,
Hi, we were thinking about selling our rental property - house, difference between purchase price and selling price is $80.000, Question: is there a tax that we would have to pay, if yes, how much? We… read more
Taylor
Taylor
Attorney
Juris Doctor
214 satisfied customers
California automatic homestead exemption ... Any case law in
california automatic homestead exemption ... Any case law in our favor with this situation? My aunt owns a home in Calif for the last 10 years. She had to go into the hospital and then involuntarily i… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question regarding to tax exemption on California
I have a question regarding to tax exemption on California properties. If I own a condo in California as my primary residence but decided to rent it out for a few years while I work oversea, do I need… read more
LawTalk
LawTalk
Attorney
Juris Doctor
37,876 satisfied customers
I am going to break a lease on a house in San Diego county.
I am going to break a lease on a house in San Diego county. We have a lease through July 15, 2016 and we're leaving because we purchased a house. Sub-leases are prohibited by the terms of our lease. T… read more
Richard Price, Esq
Richard Price, Esq
Attorney
LL.M.
59 satisfied customers
I have a tenant in San Diego County, CA who wants to break
Hello I have a tenant in San Diego County, CA who wants to break the one year lease he signed July 16, 2015. We told him we are very busy until April when we'd consider letting him break the lease. He… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If I protect $15,000 of equity judgment creditor in my home
If I protect $15,000 of equity for a judgment creditor in my home through a California Declared Homestead and sell the home for an amount which does not include that $15,000 (i.e., market value= 250,0… read more
Richard Price, Esq
Richard Price, Esq
Attorney
LL.M.
59 satisfied customers
I have a series of tax and real estate related questions. We
I have a series of tax and real estate related questions. We operate a vacation rental business and own 2 of the 4 rentals that we manage plus our primary residence. We are planning to move into one o… read more
LawTalk
LawTalk
Attorney
Juris Doctor
37,876 satisfied customers
Me and my wife and 4 yr old son are renting a house in West
Me and my wife and 4 yr old son are renting a house in West Hollywood CA. We rent month to month, because the lease expired 3.5 years ago. Yesterday the landlord called us and told us we have 6 weeks … read more
LawTalk
LawTalk
Attorney
Juris Doctor
37,876 satisfied customers
I own a rental in California, a single family home. My
I own a rental in California, a single family home. My tenants moved in their in-laws in November. On December 31st, 2014 I requested in writing that if the in-laws did not move out by February 1, I w… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I own a single family rental home in CA. Question 1: After 3
I own a single family rental home in CA. Question 1: After 3 months my new tenants allowed their in-laws to move-in in November 2014(tough times). When I asked the husband when his parents were going … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Regarding how to report rental income between spouses in the
Regarding how to report rental income between spouses in the following scenario: 1) The Spouses are living in property#1 owned by spouse A. 2) Spouse A adds spouse B on title of property#1 (no money e… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
hi...this question is about real estate...i am selling my
hi...this question is about real estate...i am selling my primary home for $620,000...we are in contract and couple weeks from closing...i have agreed to pay $5,000 towards closing costs...can you als… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x