Question
Do my spouse and I have to be married during the 24 months of residential use to take the $500,000 exclusion when we sell in 2026?
Answer
No.
The tax code never asks how long you have been married. It asks what your tax return looks like for the year you sell.
To claim the $500,000 exclusion on a 2026 sale, you need all five of the following to be true:
1.
You and your spouse file a joint return for the tax year of the sale.
2.
Either you or your spouse meets the 24-month ... Log in to view full article.