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Level 4
September 23, 2026
Question

Is there any affect on income taxes for paying off exhusband for marital home?

  • September 23, 2026
  • 10 replies
  • 109 views

I’m getting a divorce & want to buy out the ex for his part of the marital home. Will there be any tax consequences for doing this?

    10 replies

    Level 4
    September 23, 2026

    I don’t think here will be a tax consequence for tax year 2026 but please let me know if you think there will be. Thank you!

     

    qbteachmt
    Level 15
    September 24, 2026

    I think you are asking for taxpayer advice for yourself, and not advising a client using the Intuit Tax Advisor software.

    Intuit’s taxpayer advice community is part of their TurboTax community, your log in here works there:

    https://ttlc.intuit.com/community

    Don't yell at us; we're volunteers
    Kathi_at_Intuit
    Moderator
    September 25, 2026

    Hi ​@sharmoren0112 thanks for posting in the Community! We noticed that your post was in the wrong forum. We have moved it to ProSeries so it will have better visibility for the product you are using. 

    **Click the 👍Thumbs up icon to say thanks on a post, and click Best Answer to mark the post that answered your question.**
    Intuit Community Champion
    September 28, 2026

    Is it part of the divorce degree or less than one year after divorice final

    sjrcpa
    Level 15
    September 29, 2026

    Does it matter?

    The more I know the more I don’t know.
    sjrcpa
    Level 15
    September 29, 2026

    No tax effect from transfers incident to divorce. You retain the original basis of the home. No increase for your buy out.

    The more I know the more I don’t know.
    Intuit Community Champion
    September 29, 2026

    ​@sjrcpa here is a good article from The Tax Advisor you may want to read as time does matter

    sjrcpa
    Level 15
    September 29, 2026

    ​@Terry53029 There is no link

    The more I know the more I don’t know.
    sjrcpa
    Level 15
    September 29, 2026

    IRC 1041(c)incident to divorce.

     For purposes of subsection (a)(2), a transfer of property is incident to the divorce if such transfer--

    (1)  occurs within 1 year after the date on which the marriage ceases, or

    (2)  is related to the cessation of the marriage.

     

    OP is not even divorced yet.

    The more I know the more I don’t know.