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quit claiming an inherited home in a divorce

Posted on: 09th Feb, 2010 11:11 am
i inherited a home from my mom & dad in rhode island...i am now getting a divorce...i want to stay in my present home and have my wife take my parents home. She wants to buy another home with that home..what way should i go to avoid a personal-federal capital gains-tax issue....1) quit claim my parents home to her and she can sell the home to buy herself a new home ? or 2) sell my parents house myself, buy her the house she wants, then quit claim that house to her ? PLEASE HELP!!
Hi Joe,

If you want your wife to take your parents' home, you can sign a quitclaim deed and transfer the property to her. If your transfer it as a gift, you can claim exemption from gift taxes. You can avail an annual gift tax exemption of $13k and a lifetime exemption of $1 million. This seems to be the easiest way to transfer the house to your wife.

If you sell your parent's house, you will be subject to a capital gains tax. Buying a house with the proceeds of the sale and then quitclaiming it to your wife would be a little complicated. Thus, it's better simply quitclaim your parents' house to your wife and transfer the ownership to her.
Posted on: 10th Feb, 2010 01:49 am
you were a big help..THANKS SO MUCH!!
Posted on: 10th Feb, 2010 05:48 am
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