Legal Question in Real Estate Law in New Jersey

Divorce buy-out - does it increase the cost basis

I'm getting conflicting information. I intend to buy-out the house from my spouse in property settlement due to divorce. If the cost basis of my house is not increased, I will be stuck with a big capital gains, since there is currently over 300k gain over original cost, and in future may be more. Now we are allowed total $500k gain as married couple. After divorce I will be allowed $250k gain. Can she take her share of capital gains, and I increase the cost basis of house by her share of capital gains, so I do not have to pay capital gains on her share when I sell in future.


Asked on 8/08/06, 3:39 pm

2 Answers from Attorneys

Bernard J. Berkowitz Berkowitz & Raiken

Re: Divorce buy-out - does it increase the cost basis

At the time of the divorce you and your ex-wife became tenants in common. If you are then buying her half out at fair market value, then her half should create a stepped up basis and your half would retain the original basis from when you purchased. I would check with a CPA to be sure. If you need more help, we specialize in divorce and real estate.

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Answered on 8/08/06, 3:57 pm
Robert Davies The Davies Law Firm, P.A.

Re: Divorce buy-out - does it increase the cost basis

If your divorce attorney can not look into this and answer the question, get another attorney. If you do not have an attorney, you are being foolish. There is far too much money involved to do this without an expert divorce attorney's assistance.

You have some options and you need to do some planning BEFORE you get divorced, BEFORE you sign an agreement with your spouse.

If you would like, give me a call; I am in northern New Jersey. I will discuss this with you; the telephone consultation will be free. I would be happy to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 8/08/06, 4:54 pm


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