08/27/2026
Are you in the midst of the selling a home? 🏠
Well, Section 121 of the tax code allows for a gain exclusion up to $250,000 ($500,000 if Married Filing Jointly) to taxpayers who meet certain tests, known as the ‘ownership test’ and the ‘use test’.
This means the home must have been owned and used as a principal residence for at least 2 out of the 5 years leading up to the date you sell (These do not have to be consecutive, back-to-back years, only 2 out of the last 5 years) and you cannot have excluded the gain from another home during the two-year period prior to selling your home. Both spouses need to meet the use test individually, either spouse can meet the ownership test, it does not have to be both. And there may be a partial exclusion allowed if either test is not met.
Let’s look at an example. Ross and Rachel (two names I chose at random) get married and Ross moves into the house that Rachel has been living in for the last 6 years. The home is retitled into both of their names right after Ross moves in. 12 months later, Ross gets a job offer, and they move to a new state. They realize a gain of $500,000 on the sale of the residence.
Rachel met both the ownership and use tests, so she will receive a full $250,000 exclusion.
Since Ross only met half of the use test because he was there for only 12 months, his exclusion will be cut in half to $125,000
So, their total exclusion on the $500,000 gain will be $375,000 ($250,000 for Rachel + $125,000 for Ross). They will need to pay taxes on the remaining $125,000. ☝️💡