Capital gains on sale of house after divorce

[Ryan Thomas]

Unfortunately my wife and I are planning to divorce the beginning of next year.

Based on the current market we will make about 100k in gains and will have only lived there for 1 year so will be paying short term capital gain tax.

I am the breadwinner and will have a much higher tax rate than her when we file separately next year. I am planning to tell her she has to agree to pay me the difference in the tax rates. Is this something people typically do and if so how do they actually enforce it?

[Natalie Kolodij]

But also- ask your tax pro about an exception to the 2 year rule. 

Divorce likely qualifies and you likely won't owe any tax.