Legal Question in Real Estate Law in California

Re: 2 year deferred sale

This sounds absurd. I've never heard of paying utilities as a basis to claim home ownership. If this is all there is, you should have nothing to worry about (although you may want to consider finding a new agent).

Re: 2 year deferred sale

Whether a particular house is your primary residence or not is not decided by a single factor such as payment of utilities, taxes, etc.

Instead, it is the application of common sense to the totality of all facts and circumstances. If 90 out of 100 ordinary reasonable citizens knowing all the facts would decide you live there, and not somewhere else, so would the IRS.

Some factors which would carry more weight than who pays the utilities would include (1) where is your mail addressed; (2) where is your home telephone; (3) where do you usually spend the night; (4) where are you registered to vote; (5) where is your furniture; (6) what is the billing address on your credit cards; (7) what does your driver's license say; and so on.

Re: 2 year deferred sale

What doesn't matter until someone asks about it. Then in just explained through inadvertent see you maintained his name on the utilities but you made all payments and improvement by you're canceled checks. Hopefully no payments were late and that should solve the problem, what problem??? Tell your real estate broker don't worry about problems until they in actuality exist and then deal with them. If you need further helpi have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: 2 year deferred sale

You are correct, he is not an attorney. Don't listen to him.

If you are talking about capital gains taxes, there are other ways of proving that it was your primary residence. For example .... The Deed.

As long as you are not claiming another property as a primary residence, you should be fine.