< Back to IRS

Admin_Masters

Cost basis calculation after quitclaim deed transfer in divorce - home sale tax implications

I purchased a house with my former spouse back in 2016 for $295k. We ended up divorcing in 2020, and as part of our settlement, we used a quitclaim deed so I could have full ownership of the property. When we did this, I paid my ex half of our equity based on the home's value at that time, which was appraised at $340k. I just sold the house in 2023 for $495k. I'm trying to figure out what to use as my cost basis for calculating capital gains. Do I use the original purchase price from 2016? Or does the quitclaim deed change things? And are there other tax implications from the quitclaim that I should be aware of when filing? I want to make sure I'm calculating everything correctly for my taxes.

This is a common situation after divorce. For your cost basis, you'll need to consider both the original purchase and the buyout. Your cost basis would be the original half of the purchase price ($147.5k for your initial 50%) plus the amount you paid to your ex-spouse for their half of the equity. Let me break it down: When you bought out your ex's share, you were essentially purchasing their half of the home at its then-current value. So your total cost basis would be your original investment (half of $295k) plus what you paid your ex for their equity (half of the difference between $340k and the remaining mortgage at that time). If you made any significant improvements to the home after taking full ownership, those costs can also be added to your basis. Remember to keep good records of any such improvements.

0 coins

Ella Thompson

•

If they lived in the house for at least 2 out of 5 years before selling, wouldn't they qualify for the $250,000 exclusion as a single person? So even with the lower cost basis, they might not have to pay taxes if the gain is under that amount?

0 coins

Yes, that's an excellent point. If you lived in the home as your primary residence for at least 2 out of the 5 years before the sale, you would qualify for the Section 121 exclusion of up to $250,000 in capital gains as a single filer. Given your purchase price and sale price, even with the adjusted cost basis, your total gain might fall under this exclusion amount, which would mean you wouldn't owe any taxes on the gain. Make sure you document your occupancy during those years to support your eligibility for the exclusion.

0 coins

JacksonHarris

•

I went through something similar with my ex and the tax paperwork was a nightmare until I found taxr.ai (https://taxr.ai). They have a document analysis feature that really helped me figure out my cost basis after our property transfer. I uploaded my quitclaim deed, divorce decree, and home sale documents, and their system gave me a clear breakdown of how to calculate my proper cost basis. Saved me from potentially making a costly mistake on my taxes since I was originally calculating it all wrong.

0 coins

Did you need to submit proof of the original purchase price too? I have a quitclaim situation but lost some of my original closing documents from when we bought the place.

0 coins

Royal_GM_Mark

•

That sounds interesting but how accurate is it? I've used tax software before that gave me questionable advice, so I'm curious if this actually provided legitimate guidance that would hold up if you got audited.

0 coins

JacksonHarris

•

Yes, I did submit my original HUD-1 settlement statement from the purchase. If you don't have yours, they mentioned you can sometimes get copies from your closing attorney, title company, or even county records. They also accept property tax assessments from the purchase year as supporting documentation. Their system is actually built on tax code and regulations. They cite the specific IRS publications and tax code sections that apply to your situation. In my case, they referenced specific regulations about basis adjustments in property transfers between spouses during divorce. Everything was backed by proper citations that I could verify myself.

0 coins

I tried taxr.ai after seeing the recommendation here and it was exactly what I needed! I had a similar situation with a property transfer after divorce, and the documentation analysis really cleared things up for me. The system explained that my cost basis was more complex than I thought - it wasn't just what I originally paid plus what I paid my ex. They showed me how to properly account for depreciation I'd taken (I had rented the property for a year) and how to document the improvements I'd made. Totally worth it and saved me a ton of stress trying to piece together all the tax rules myself.

0 coins

I had a similar quitclaim situation and spent WEEKS trying to get someone at the IRS to clarify how to handle the basis calculation. Could never get through on the phone. Finally used Claimyr (https://claimyr.com) and got connected to an IRS agent in about 20 minutes. They have a video showing how it works: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed I needed to split my basis calculation - original purchase price for my half, plus the buyout amount for my ex's half. Also learned I needed to track the holding period differently for each portion for capital gains purposes. Totally worth it instead of trying to interpret conflicting advice online.

0 coins

Chris King

•

How does this even work? I thought it was impossible to get through to the IRS without waiting for hours. Do they somehow have a special line or something?

0 coins

Rachel Clark

•

Sorry but this sounds too good to be true. The IRS is notorious for long wait times. I'm skeptical that any service could actually get you through quickly - they're dealing with the same phone system as everyone else.

0 coins

They use a system that navigates the IRS phone tree and waits on hold for you. When an agent finally picks up, you get a call connecting you to them. It's not a separate line - they're just handling the waiting part so you don't have to sit by your phone for hours. The service calls you when an actual IRS agent is on the line ready to talk. In my case, I got a notification after about 20 minutes that they had an agent, and I picked up to find myself connected directly to someone at the IRS who could answer my specific quitclaim deed and cost basis questions.

0 coins

Rachel Clark

•

I was completely skeptical about Claimyr but decided to try it after struggling for days to reach the IRS about my own quitclaim deed situation. I'm honestly shocked - it actually worked! I got a call back in about 35 minutes with an actual IRS representative on the line. The agent walked me through exactly how to calculate my adjusted basis after the quitclaim transfer and explained which forms I needed to file. She even emailed me the relevant IRS publications about property transfers during divorce. Definitely saved me from making some serious mistakes on my return, plus saved hours of frustration trying to get through on my own.

0 coins

A detail nobody's mentioned yet - if you made any capital improvements to the house between the time of the quitclaim and when you sold it, those get added to your basis too. Things like a new roof, kitchen remodel, finishing a basement, etc. This matters because it reduces your potential capital gain. Just make sure you have receipts for everything in case of an audit. Regular repairs and maintenance don't count though - only improvements that actually increase the value of the property.

0 coins

Admin_Masters

•

I did replace the HVAC system ($8k) and add a deck ($12k) after taking full ownership. So I should add those costs to my basis calculation? Do I need specific documentation beyond the receipts?

0 coins

Yes, definitely add those to your basis! Both a new HVAC system and adding a deck are considered capital improvements that increase the value of your home. Receipts are the primary documentation you need, but it's also good to have before/after photos if possible and any permits you obtained for the work. If you paid by check or credit card, those statements can serve as additional proof. The more documentation you have, the better positioned you'll be if there's ever a question. These improvements will add $20k to your basis, which directly reduces your taxable gain by that amount.

0 coins

Mia Alvarez

•

Anyone know if the timing of the quitclaim affects how the IRS views this? I got my house in a divorce settlement last year but the quitclaim wasn't filed until months after our divorce was finalized. Worried this might cause problems when i eventually sell.

0 coins

Carter Holmes

•

The timing can matter, but it's mostly about whether the transfer was "incident to divorce" - which generally means within 6 years of the divorce being finalized. If it's within that window, it's usually considered a tax-free transfer between spouses. After that, things get more complicated tax-wise.

0 coins

Kai Rivera

•

Just want to add some clarity on the capital gains exclusion that was mentioned earlier. Since you lived in the house from 2016-2020 (4 years) and then continued living there after the quitclaim until you sold in 2023, you definitely meet the 2-out-of-5-years requirement for the $250k exclusion as a single filer. Given your numbers: Original purchase $295k, sale price $495k, that's a $200k gross gain. But with your adjusted cost basis (original half + buyout amount + those improvements you mentioned), plus the $250k exclusion, you'll likely owe little to no capital gains tax. One thing to watch out for - make sure your divorce decree explicitly states the property transfer was part of the settlement. This helps establish that it was "incident to divorce" and keeps the transfer itself tax-neutral.

0 coins

Amara Adeyemi

•

This is really helpful! I'm new to dealing with divorce-related property transfers and this breakdown makes so much sense. One question - when you mention the "buyout amount" as part of the adjusted cost basis, does that include any closing costs or fees I paid during the quitclaim process? I had to pay for the appraisal, title work, and some legal fees to complete the transfer.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today