Amsterdam, NY asked in Divorce, Tax Law and Real Estate Law for New York

Q: Would I get hit with capital gains tax on house sold that I signed away in divorce settlement?

Signed away all rights to house in divorce, but spouse hasn’t and won’t refinance to take my name off mortgage. She plans on selling and I will get no money in the sale, would I get hit with a capital gains tax?

3 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Not if all proceeds are reflected as going to her on the 1099.

A: Your obligation on the financing is not related to ownership for tax purposes.

As long as you've transferred the property out of your name you won't have any income.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: Since you will receive no proceeds from the sale, there should be no capital gains tax.

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