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How can I more precisely account for the tax on sale of real estate?

The Sale of Real Estate Report shows an estimated tax amount. But this is only a rough estimate, made by applying a marginal capital gains tax rate to the taxable gain. It will not reflect a situation where the gain causes a change in tax bracket, or the impact of the alternative minimum tax, or […]

What if part of the home was rented before sale?

If the couple did not live in the rented part for 2 of the 5 years before the sale, treat the sale as if it were the sale of two properties. Enter one as a rental property, and enter the other as a personal property. Divide the value and mortgage proportionately between the two properties. […]

How do I handle depreciation recapture?

If a real estate property was rented or used for business, and then is sold, there may be depreciation recapture on the rented portion. Depreciation recapture provides that some of the gain on a sale of real estate is ordinary income. It applies if a method other than straight line was used to depreciate the […]

What if a refinancing is buying out separate property?

All refinancing proceeds are treated as marital property. Therefore, if the refinancing will buy out separate property, then you will need to create a second real estate property to reduce the marital property balance and increase the separate property balance. In that second real estate property, which you may describe as “Refinancing Offset,” you would […]

What if one spouse has contributed to the down payment?

Suppose Party A made an initial down payment of $70,000, and the home is about to be sold. In the sale, the parties want it to come out that Party A would take out $70,000 more than Party B. Responsibility for the mortgage, however, is being shared 50-50. What you can do is to create […]

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