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3 Answers | Asked in Divorce, Tax Law and Family Law for Washington on
Q: Can I withdraw 401k funds for divorce legal fees, and are there penalties or taxes?

I am considering withdrawing funds from my 401k to pay for legal representation and legal fees related to my divorce. I am no longer an employee at the company that holds my 401k. I'm exploring if this is possible and what penalties or taxes might apply. Are there any regulations or... View More

Andrew J. Wyman
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answered on May 23, 2025

If you take money out of your 401(k) to pay for divorce legal fees, you’ll have to pay regular income tax on the amount you withdraw. If you’re under age 59½, you’ll also have to pay an extra 10% penalty to the IRS. Unfortunately, there’s no exception to this penalty for legal fees related... View More

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2 Answers | Asked in Real Estate Law, Tax Law and Estate Planning for Washington on
Q: Selling home to daughter and living there: legal and tax implications?

I am considering selling my home to my daughter and continuing to live in it. What are the potential legal and tax implications for both me and my daughter? Would selling the house and then paying rent to stay there be a viable option?

Andrew J. Wyman
Andrew J. Wyman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2025

This question raises many issues. First, whether the exclusion applies to minimize capital gains tax on the transaction. There are requirements.

Secondly, if the property is sold for less than its fair market value, part of the transaction might be subject to gift tax implications....
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