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Short sale of residence by divorcing couple


MargaretMort

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Not a client but an acquaintance who knows I do taxes. She and her husband are divorcing, is final in 2011. I already told her she would have to file MFS or MFJ for 2010, won't consider MFJ. Neither one could afford to keep the residence they have jointly owned for a number of years so the bank, I suppose, took it back and issued a 1099-S but only in the husband's name and SS. She wants to know if she has to report it on her tax return also.

I have no experience in these matters and I can't seem to find any relevant info so I am turning once again to all you experienced preparers for help. My sincere thanks in advance. MM

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Not a client but an acquaintance who knows I do taxes. She and her husband are divorcing, is final in 2011. I already told her she would have to file MFS or MFJ for 2010, won't consider MFJ. Neither one could afford to keep the residence they have jointly owned for a number of years so the bank, I suppose, took it back and issued a 1099-S but only in the husband's name and SS. She wants to know if she has to report it on her tax return also.

I have no experience in these matters and I can't seem to find any relevant info so I am turning once again to all you experienced preparers for help. My sincere thanks in advance. MM

If they owned and lived in the house for the last 2 years, you report it as a principal residence and the gain will not be taxable.

If there is a loss, just report the proceeds as personal and the loss will be disallowed.

You should report it for record keeping.

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