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Losing a spouse is a deeply emotional experience and the financial decisions that follow can feel overwhelming. One important area to understand during this time is how the IRS treats the sale of a primary residence after the death of a spouse. Under certain conditions, surviving spouses may qualify for a larger capital gains exclusion, up to $500,000, if the home is sold within a specific time frame.

Here’s what you need to know.

1. The $500,000 Capital Gains Exclusion: The Two-Year Rule

In general, married couples who file jointly can exclude up to $500,000 of capital gains when selling their primary residence. For surviving spouses, this higher exclusion amount can still apply, but only if the home is sold within two years of the spouse’s death.

This special provision offers some breathing room for surviving spouses, allowing them time to make thoughtful decisions without immediately losing the tax advantage.

To qualify, the following conditions must be met:

• The home must be sold within two years after the spouse’s death.
• The surviving spouse must not have remarried before the sale.
• The couple must have owned and lived in the home as their primary residence for at least two of the five years prior to the date of death.
• Neither spouse can have excluded gain from the sale of another home within the two years before the current sale.

2. Step-Up in Basis: A Hidden Tax Benefit

In addition to the potential $500,000 exclusion, surviving spouses may also benefit from a step-up in basis. This means that the cost basis of the home, the amount used to determine capital gain, may be adjusted to reflect its fair market value on the date of the spouse’s death.

This step-up can significantly reduce or even eliminate capital gains taxes on the sale of the home, especially if the property had appreciated substantially during the couple’s ownership.

See an example below

3. Selling After Two Years: What Changes?

If the home is sold more than two years after the death of a spouse, the surviving individual is generally treated as a single filer and may only exclude up to $250,000 of capital gains—half the amount allowed under the two-year rule.

While the step-up in basis may still apply, the lower exclusion amount means that timing the sale could have a major impact on potential tax liability.

Important Reminders:

• The exclusion only applies to a primary residence; not to vacation homes, rentals, or investment properties.
• State tax laws may differ and should also be taken into consideration.
• Because every situation is unique, it’s wise to consult a qualified tax advisor or estate planning professional for personalized guidance.

For surviving spouses, the IRS offers valuable tax relief in the form of an extended capital gains exclusion and a possible step-up in basis. If you’re navigating these decisions after the loss of a spouse, understanding the two-year window and how the rules apply can help you maximize your financial outcomes.

Thoughtful timing and expert advice can make all the difference.  For more information, contact your tax consultant.  Your REALTOR® can help establish a fair market value at time of death and answer any marketing questions you may have.

Here’s a step-by-step example using your scenario to illustrate how the step-up in basis and the $500,000 exclusion work together for a surviving spouse:

 Scenario:

• Original Purchase Price: $350,000
• Capital Improvements Over Time: $100,000
• Adjusted Basis Before Death: $450,000
• Fair Market Value at Date of Death: $1,150,000
• Home Sold by Surviving Spouse Within 2 Years: Yes
• Sale Price (assumed equal to FMV): $1,150,000

Step-by-Step Calculation:

1. Determine the Stepped-Up Basis

In most states, if the property was owned jointly and both spouses were on title, half of the property receives a step-up in basis to the fair market value at the date of death. The other half retains its original basis. (Note: in community property states, 100% of the property may receive a step-up. This example assumes a non-community property state.)

• One-half stepped-up to FMV: ½ × $1,150,000 = $575,000
• One-half retains original basis: ½ × $450,000 = $225,000
• Total Adjusted Basis After Death: $575,000 + $225,000 = $800,000

2. Calculate the Capital Gain on Sale

• Sale Price: $1,150,000
• Adjusted Basis (after step-up): $800,000
• Capital Gain: $1,150,000 … $800,000 = $350,000

3. Apply the Capital Gains Exclusion

Since the surviving spouse sold the home within two years, meets the ownership and use test, and has not remarried, they qualify for the $500,000 exclusion.

• Capital Gain: $350,000
• Exclusion: Up to $500,000
• Taxable Gain: $0

Result: Because the $350,000 gain is fully offset by the $500,000 exclusion, no capital gains tax is owed on the sale of the home. By taking advantage of the stepped-up basis at the time of the spouse’s death, and selling within the two-year window, the surviving spouse eliminated any taxable gain.

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Getting pre-approved for a mortgage is a vital step in the homebuying process. While many buyers rely on online calculators or their first pre-approval offer, these tools and initial approvals might not always provide the best options. If you’re serious about making a smart financial decision, seeking a second opinion from a trusted mortgage officer is a step worth taking. 

Why a Second Opinion Matters 

Your first pre-approval might feel like a green light to move forward, but it’s important to remember that not all lenders offer the same terms. A second opinion could uncover better interest rates, saving you thousands of dollars over the life of your loan. Additionally, it might provide access to unique loan programs tailored to your financial needs or even reveal ways to reduce upfront fees. 

Benefits Beyond the Numbers 

Working with a second mortgage officer can also lead to better service. A recommended professional often offers personalized guidance, quicker closing times, and local market-specific expertise. These advantages not only ease the stress of buying a home but can also make you a stronger contender in competitive markets. 

Flexibility and Peace of Mind 

Sometimes, a second lender may offer greater flexibility with credit scores or loan terms. This can be especially valuable if your financial situation isn’t straightforward. Ultimately, knowing you’ve explored all your options gives you confidence that you’ve secured the best deal possible. 

Addressing Concerns About Credit Scores

Many buyers worry that seeking a second opinion could negatively impact their credit score due to an additional inquiry. However, credit bureaus treat multiple mortgage inquiries within a short time frame, usually 14-45 days, as a single inquiry, so your score is unlikely to be affected. Additionally, the costs associated with getting a second opinion are often minimal or negligible, especially when compared to the potential savings from better rates, lower fees, or improved loan terms. Taking this step is a low-risk, high-reward move that ensures you’re making the most informed financial decision.

Take the Next Step 

Choosing the right mortgage is just as important as choosing the right home. Don’t settle for the first pre-approval without ensuring it’s the best fit for you. Ask your real estate agent for a recommendation of a trusted mortgage officer who can provide you with a thorough and professional second opinion. It’s a simple step that could make a significant difference in your home-buying journey!

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Two commonly known ways to lower your mortgage payments are to make a larger down payment especially if it eliminates private mortgage insurance and improve your credit score before applying for a mortgage.

Another way to lower your payment would be to buy down the interest rate for the life of the mortgage with discount points.  A discount point is one percent of the mortgage borrowed.  Lenders collect this fee up-front to increase the yield on the note in exchange for a lower interest rate.

A permanent buy down on a fixed-rate mortgage is available to borrowers who are willing to pay discount points at the time of closing.

Let’s look at two options on a $315,000 mortgage for 30 years at 4% interest with no points compared to a 3.75% interest rate with one-point.  The principal and interest payment on the 4% loan would be $1,503.86 compared to $1,458.81 on the 3.75% loan.

The $45.04 savings is available because the buyer is willing to pay $3,150 in points.  By dividing the monthly savings into the points paid, you can determine the breakeven point.  In this example, if the buyer is planning to stay in this home for at least 70 months, they would recapture the cost of the points and each month after that would be savings.

Another interesting thing to consider is that lower interest rate loans amortize faster; in other words, they build equity faster by paying off the loan sooner.  If the buyer stayed in the home for 10 years, their unpaid balance in this same example would be $2,117.38 lower than the 4% mortgage.  Combine that with the $2,259.29 in savings from the breakeven point to the end of 10 years and the buyer, in this situation, is $4,372.67 better off buying down the mortgage by paying the additional points.

For a person buying a home, it may be difficult to come up with the extra amount for the points but one benefit is that the points paid are considered interest by IRS and can be deducted in the year paid.

A rule of thumb commonly used is that one discount point lowers the quoted mortgage rate by ¼% or 25 basis points.  A lender may quote X% + .6 points for a mortgage.  Using this scenario, to lower the mortgage rate by .25%, the buyer would need to pay 1.6 points. It is important to note that each lender determines the pricing of points for the loans they make.

It may be beneficial to a buyer to pay points depending on how long they plan on being in that home.  To help you determine whether paying points should be considered, use this Will Points Make a Difference and download the Buyers Guide

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A well-known professional home stager, recently, decided to sell the 4,000+ square foot home which she lived in with her husband. It was certainly well maintained and by most standards, could have gone on the market immediately. However, she still went through a full staging effort before she listed the home.
The work included painting inside and out especially, changing the kitchen cabinets from gray to white. The carpet was replaced along with a few dated light fixtures. They stained the fence and added minor landscaping to make it look fresh and inviting. They removed personal items from the home that might be distracting and replaced some furniture that was too large and might have limited a buyer’s imagination.
The home looked, smelled, and was clean. It had great drive-up appeal. Each room looked like it belonged in a magazine and the professional photos let potential buyers see the home before they visited it in person. When the home did come on the market, it sold in five days, above list price, with multiple offers, and for a considerably higher sales price than previous comparable sales had indicated it would.
The lesson to be learned is that even if a home is in good condition, taking the time to go through the steps to make it look its best will generate the kind of results that every seller hopes for when selling their home: the highest possible price, in the shortest time with the least amount of inconvenience.

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https://www.meetup.com/Teller-Co-Hiking-and-Outdoors-Meetup/events/255044988/

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A home that isn’t being maintained like others in the neighborhood can negatively affect your visual sense of appeal and in some extreme cases, even affect property values. It might be an overgrown yard, a fence in need of repair, excessive noise, unruly pets, paint peeling on the home or even a car or boat parked in front of the home that hasn’t moved in weeks.

Most people want to be good neighbors and may be willing to correct an issue once it is brought to their attention. A practical but possibly, confrontational solution is to contact the responsible person and describe your perception of the issue. However, they may not always agree with the same urgency and it might be necessary to seek other remedies.

An owner-occupant may be more sympathetic to the neighbors and willing to correct the issue. If you think the home might be a rental property, check with the county tax records to identify the owner. They may be unaware of the situation and welcome the notification to protect their investment.

Another alternative might be to notify the homeowner’s association, if there is one. One of the benefits of a HOA is to enforce community appearance standards as set in the covenants or bylaws that specify how properties must be maintained. This could be a less personal method of reaching a beneficial outcome.

If the source of the problem is a code or housing violation, the city may be the ultimate authority. Most cities have a separate code and neighborhood services division and some cities have 311 for non-emergency assistance.

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