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Liam Sullivan

Sold home with ex-spouse and received 1099-S - How to report my portion on taxes?

So I'm in a bit of a mess with my taxes after selling our former marital home with my ex. I haven't actually lived in the house for over 5 years - she stayed there after we split up. In our divorce agreement, she took on all the costs related to the house while she lived there. We finally sold the place recently, and now I've got a 1099-S from the title company showing the gross proceeds. They also gave me a document called "Division of Proceeds & 1099-s data" that has both our names on it and splits everything down the middle. I'm currently trying to figure out how to enter this correctly in TurboTax, specifically how to report my net proceeds. The numbers I'm working with are: House original purchase price: $242,000 House selling price: $304,000 1099-S Gross Proceeds (my half): $152,000 Cash I actually received: $22,081.78 I'm really confused about how to handle this on my taxes since I wasn't living there but still own half. Any advice would be greatly appreciated!

Amara Okafor

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You're dealing with a common situation that happens with divorced couples. Since you haven't lived in the house for the past 5 years, you unfortunately won't qualify for the primary residence capital gains exclusion ($250,000 for a single filer), which requires you to have lived in the home for at least 2 of the last 5 years. When you input this in TurboTax, you'll need to report the sale based on your ownership percentage. The 1099-S showing $152,000 represents your half of the gross proceeds. Your basis (cost) would be half of the original purchase price plus any improvements you paid for, so approximately $121,000 if there were no improvements. This means you have a capital gain of about $31,000 ($152,000 - $121,000). The "cash to seller" amount of $22,081.78 is what you actually received after paying off any remaining mortgage, closing costs, etc. This doesn't affect how you report the sale - you still use the gross proceeds and your basis.

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Thanks for the explanation, but I'm still a bit confused. Does it matter that my ex-wife was responsible for all costs according to our divorce decree? Does that change my basis at all? Also, do I enter the full purchase price in TurboTax or just my half?

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Amara Okafor

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The divorce decree assigning costs to your ex-wife doesn't change your tax basis. Your basis is half of what you originally paid for the home plus any capital improvements you made while you owned it. The fact that she paid ongoing expenses like maintenance, taxes, and mortgage doesn't affect your basis. In TurboTax, you should only enter your portion - so you'd enter $121,000 as your basis (half of the $242,000 purchase price) and $152,000 as your proceeds. TurboTax will ask if you received a 1099-S and you'll say yes. It will also ask about your ownership percentage, which would be 50%.

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I went through almost exactly the same situation last year! I was getting nowhere with trying to figure it out until I used taxr.ai (https://taxr.ai) to analyze my divorce decree and the 1099-S. Their system actually highlighted the specific language in my documents that showed how the capital gains should be reported based on my ownership period and helped me avoid a $5k mistake I almost made. The tool helped me understand that I needed to report the full amount on my 1099-S but also how to properly calculate my basis to minimize my tax hit. It asked me specific questions about my timeline of ownership and occupancy that TurboTax never did.

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Did you have to talk to an actual tax professional or was it all automated? I have a similar situation but with a rental property and I'm trying to figure out if this would work for my situation.

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Dylan Cooper

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Does it work with scanned documents? My divorce decree is from 10 years ago and I only have a scanned copy that's not the best quality.

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It was all automated - I uploaded my documents and got detailed answers with specific references to my situation in about 15 minutes. The system even showed me exactly which parts of my documents were relevant to my tax situation. Yes, it works with scanned documents! I actually used my phone to take pictures of some paperwork and it processed them just fine. The system has pretty advanced OCR that can handle even not-so-great quality documents.

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Dylan Cooper

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Just wanted to follow up - I tried taxr.ai after seeing this thread and it was incredibly helpful! I uploaded my faded divorce decree, property settlement, and 1099-S forms, and the system parsed through everything and showed me exactly how to handle the split basis calculation. The analysis highlighted that I was entitled to add some major repairs we did to the property to my basis, even though my ex had paid for most of them. This was based on specific language in our settlement agreement that I'd completely forgotten about. Ended up saving me about $3,800 in capital gains tax that I would have overpaid. Definitely recommend for anyone dealing with property sales after divorce!

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Sofia Ramirez

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If you're still having issues figuring out your tax situation, I'd recommend trying to speak with someone at the IRS directly. They can clarify how to report your portion of the sale properly. I was having a similar issue with property division last year and kept getting contradictory advice. After failing to reach anyone at the IRS for weeks, I finally used Claimyr (https://claimyr.com) and got through to an IRS agent in about 20 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The agent walked me through exactly how to report the sale of property after divorce and confirmed I was calculating my basis correctly. Saved me a ton of stress and potential audit headaches.

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Dmitry Volkov

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StarSeeker

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Sofia Ramirez

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StarSeeker

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I need to apologize for my skepticism about Claimyr. After posting my comment, I decided to try it myself since I've been trying to reach the IRS about an amended return for almost two months with no luck. I used the service yesterday and got connected to an IRS representative in about 25 minutes. The agent confirmed they were with the IRS, verified my identity, and helped resolve my issue with my amended return that I filed 7 months ago. They even gave me a direct reference number for follow-up. This would have saved me SO much frustration if I'd known about it earlier. Sometimes being skeptical costs you time and peace of mind, lesson learned.

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Ava Martinez

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Don't forget to check if there were any capital improvements made to the property that could increase your basis! Things like a new roof, major renovations, additions, etc. can be added to your original purchase price when calculating your gain. Even though your ex was responsible for costs, if any significant improvements were made while you still jointly owned the property, you might be able to add your share to your basis, which would reduce your taxable gain.

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Liam Sullivan

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How would I prove these improvements if I've been divorced for years and don't have receipts? We did add a deck and renovate the kitchen while we were still married.

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Ava Martinez

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You don't necessarily need the original receipts. You can use estimates based on typical costs for those improvements in your area at the time they were made. Real estate records, insurance documents, loan documents for home improvement loans, or even photos showing before and after can help establish the improvements were made. If the renovations were substantial, it's worth making a good faith estimate. For a kitchen renovation and deck addition during the timeframe you're describing, you could likely add $15,000-25,000 to your basis depending on the extent of the work. Make sure to document how you arrived at your estimates in case of questions later.

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Miguel Ortiz

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Has anyone dealt with a situation where the ex-spouse refuses to share information about improvements they made to the property? My ex won't tell me what she did to the house after I moved out, but I know she finished the basement.

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Zainab Omar

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In my case, I requested a copy of the homeowner's insurance policy from the insurance company. They had documentation of major improvements because she increased the coverage. Also check county permit records - most significant renovations require permits which are public record.

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Nia Harris

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One thing to keep in mind is that since you haven't lived in the house for over 5 years, you'll be subject to capital gains tax on your portion of the profit. However, make sure you're calculating your basis correctly - it should include not just half of the original purchase price ($121,000), but also any qualifying improvements made while you owned the property. The fact that your ex was responsible for ongoing costs per the divorce decree doesn't change your tax basis, but any capital improvements made during your joint ownership period could increase your basis and reduce your taxable gain. Given the numbers you provided, you're looking at roughly a $31,000 capital gain ($152,000 - $121,000), which will be taxed as a long-term capital gain since you owned the property for more than a year. When entering this in TurboTax, make sure to indicate that you received a 1099-S and report your 50% ownership share. The software should walk you through the process, but double-check that you're only reporting your portion of both the proceeds and the basis.

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This is really helpful information! I'm curious about the timing of when improvements were made. If my ex made improvements after our divorce was finalized but while I was still on the deed, would those count toward my basis? We finalized the divorce 3 years ago but just sold the house now. She did some major work on the HVAC system and windows during that time period, but I didn't contribute financially to those improvements.

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