How to properly report the sale of a house on taxes when you don't receive any proceeds?
I've been helping my brother with his taxes every year, and we've run into a complicated situation. About 5 years ago, he bought a house with his girlfriend, but they split up around 3 years ago. When they broke up, she wanted to keep the house and paid him about $15,000 as a buyout, and he signed papers giving up his claim to the property. The problem is, she never actually refinanced to remove him from the mortgage or deed (his name stayed on both). She ended up selling the house in 2024, but my brother didn't get any money from the sale. Now I'm confused about how to handle this on his 2024 taxes. Does he need to report this house sale on his tax return even though he didn't receive any of the proceeds? What information should go on Schedule D? And does he need to somehow coordinate with his ex-girlfriend about reporting this sale? I'm worried about him getting in trouble with the IRS if we don't report it correctly.
18 comments


Chloe Wilson
Based on your situation, your brother does need to report the sale on his taxes since his name was still on the deed when the property was sold. The IRS will receive a 1099-S form reporting the sale with his information on it. For Schedule D, he should report his portion of the sale based on the buyout agreement. His cost basis would be his original investment in the home, and his "proceeds" would be the $15,000 buyout he received when they separated. Since he already received his compensation years ago, the way to look at this is that his "sale" effectively happened when he took the buyout. Be sure to keep documentation of that buyout agreement as proof. It would be helpful to coordinate with the ex-girlfriend to ensure consistent reporting, as the mortgage company and IRS will have records showing both names. You'll need to know the final sale price and date for proper documentation.
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Diego Mendoza
•So if the house was originally purchased for $200,000 (with each person owning 50%) and then sold for $300,000, would his basis still be $100,000 (his half of original cost) even though he only got $15,000? Seems like he would show a huge loss on paper?
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Chloe Wilson
•You're right to question that. His basis would indeed be his portion of the original purchase price (plus any capital improvements he contributed to). The $15,000 he received would be considered his "proceeds" from disposing of his interest. In your example, if his basis was $100,000 and he received $15,000, he would report a capital loss of $85,000. However, since this was his primary residence, there are additional considerations. If he lived there for at least 2 of the 5 years before his interest was effectively sold (when he took the buyout), he might qualify for partial exclusion of this loss under the Section 121 exclusion rules.
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Anastasia Romanov
I was in a similar situation last year and found taxr.ai super helpful in figuring out how to handle the property sale on my taxes. It's like having a tax pro who specializes in real estate transactions without the crazy hourly rates. I uploaded my buyout agreement and it analyzed everything, telling me exactly what to report on Schedule D and how to document the previous buyout payment. You can check them out at https://taxr.ai - they were a lifesaver for this exact situation where I had partial ownership and a buyout agreement.
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StellarSurfer
•Did they help you figure out how to coordinate with your ex? That's the part I'm most nervous about...documenting everything on my own side seems manageable but getting my ex to cooperate might be difficult.
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Sean Kelly
•I've never heard of this service. Does it explain how the IRS handles the reporting when only one person gets proceeds from the sale but multiple names are on the deed? My tax software doesn't have clear guidance on this.
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Anastasia Romanov
•I actually found they provided a template letter I could send to my ex explaining exactly what information I needed from them to properly report the sale. It made the conversation much less awkward because it was just about the specific numbers needed for tax purposes. For handling the reporting split, they guided me through exactly how to document that I had already received my portion of the proceeds years earlier through the buyout, even though the official sale just happened. Their system highlighted the specific IRS rulings that cover this situation and showed me where to document everything on Schedule D to avoid audit flags.
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StellarSurfer
Just wanted to follow up - I decided to try taxr.ai after reading about it here and it was surprisingly helpful! They had a specific module for "property co-ownership and buyout agreements" that walked me through every step. I uploaded the buyout agreement document my brother had signed and they provided a detailed analysis explaining exactly how to report it on his Schedule D. They even provided a template letter to send to his ex to get the final sale information needed. Relieved to have this sorted out before filing!
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Zara Malik
If your brother needs to talk to the IRS about this situation (which might be a good idea), I'd recommend using Claimyr to get through to them quickly. I've spent HOURS on hold with the IRS trying to get clarity on a similar property sale issue. Used https://claimyr.com and got connected to an actual IRS agent in under 15 minutes when their estimated wait time was 2+ hours. There's a demo video at https://youtu.be/_kiP6q8DX5c showing how it works. They basically wait on hold for you and call when an agent picks up. Saved me a huge headache.
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Luca Greco
•How does this actually work? Do they just call the IRS for you? I'm confused how a third party service can get you through faster than calling yourself.
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Sean Kelly
•Sounds like a scam. How would they possibly get you through faster than anyone else calling the IRS directly? The IRS queue is the same for everyone.
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Zara Malik
•They don't get you through faster than the regular IRS queue - they just wait in it for you. You don't have to sit there with your phone on speaker for hours. You give them your phone number, and their system calls the IRS and waits on hold. When an actual IRS agent picks up, their system connects the call to your phone so you're talking directly to the IRS. It's not about cutting the line - it's about not wasting your time listening to hold music. You can go about your day, and then just pick up when they connect you with an agent who's already on the line.
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Sean Kelly
I was completely skeptical about Claimyr when I first read about it here - seemed too good to be true. But I was desperate after trying to reach the IRS THREE times about my property sale situation (each time waiting over an hour before giving up). Decided to try it as a last resort and it actually worked exactly as described. I got a call back in about 40 minutes with an IRS agent already on the line. The agent confirmed exactly what I needed to do with my split property sale reporting, and told me which specific documentation to keep with my records. Honestly shocked this worked so well.
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Nia Thompson
One thing to consider - the 1099-S from the sale would have been sent to both parties listed on the deed. The total sale amount gets reported to the IRS with both SSNs. If your brother doesn't report it somehow, he'll likely get an automated notice from the IRS about unreported income. This happened to my cousin in a similar situation.
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Omar Fawzi
•Do you know if he would get the 1099-S directly or would it only go to his ex since she's the one who actually handled the sale and got the proceeds?
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Nia Thompson
•If his name was on the deed at the time of sale, the closing company should have sent the 1099-S to both parties. They're required to report to everyone listed on the property records. Each person would receive a 1099-S showing the full sale amount (not divided). This is exactly why your brother needs to properly document on his Schedule D that he previously sold his interest and received compensation. Otherwise, the IRS computers will think he received half the proceeds from the 2024 sale.
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Mateo Rodriguez
Has anyone used the primary residence exclusion in this type of situation? If he lived there 2 out of 5 years before the "buyout," could he exclude his portion of gain under the $250k exclusion?
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Chloe Wilson
•Yes, this is an important consideration! If he met the ownership and use tests (owned and lived in the home as his main residence for at least 2 out of the 5 years before the interest was disposed of), he could potentially exclude up to $250,000 of gain. In this case, it sounds like he might have taken a loss rather than a gain, but the timeline matters. The 5-year lookback period would start from when he effectively "sold" his interest (the buyout), not the final sale date of the house. So if he lived there for at least 2 years before accepting the buyout payment, he would qualify for the exclusion if there had been a gain.
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