Can husband and wife has different primary residences?
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Can husband and wife has different primary residences?
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Hi,
My husband and I currently own a house. We are looking for another property to purchase, and the new house will be under my name. The distance between two houses is within 5 miles, same zipcode, and will not be used for rent, in fact, my parents will live in there.
Can my husband and I file separate tax files, as married file separately,
and claim the join property as his primary residence and new property as my primary residence?
Thanks
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rowlfe
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This is a case of all or nothing. You can not mix and match between separate and joint returns. Just because his name is not on the deed does not mean it is separate property. Check into community property. state law especially as to what is regarded as community property in case of divorce or death. All property in a community property state is community owned if obtained after marriage, but separate property if obtained before marriage. My ex-wife is a case on point. I owned a house, was buying actually, before we married. When we divorced 10 years later, she was only entitled to half the equity gained AFTER marriage, NOT the portion I owned before marriage. Numbers might help. $100K loan. On the day of marriage, house was 50K paid for, leaving 50K on the mortgage. 10 years later, the house was 70K paid for, so only 20K was gained over the marriage, which I bought her out for half of the 20K gain, 10K. These numbers are just an illustration and I rounded everything to make the details simple. My actual case was MUCH more complicated to figure out her portion which was equity she was entitled to under the local community property laws. Suffice to say, she only got half of the gains WHILE we were married and was not entitled to any part of the equity I had before marriage. She thought she would get half the equity, and was expecting 35K when in reality, she only received 10K. YMMV... You need the services of a good tax adviser. |
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Kaya M
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QGV, the purpose of filing taxes separately is for issues like this. I don't know if you are going to save or get more money back by doing it that way. |
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Brian A
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So, are you living with your parents? If not, then it isn't your primary residence. |
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iwanturpussinmyface
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You can but your going to have to perform oral on your tax preparer first |
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