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Rental Treatment in year of divorce

jnkniffencpa
Level 2

I have a client who owned 6 rental properties with her now ex-husband. Her divorce was finalized in June 2021 and each spouse kept 3 of the properties.

My questions is how do I treat the rental properties for the first 6 months of the year? Should they each claim half of all 6 for 6 months and then only their respective 3 properties for the rest of the year or should they just claim 100% of the 3 properties they retained?

Thanks in advance

Jeremy

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3 Comments 3
sjrcpa
Level 15

I vote "each claim half of all 6 for 6 months and then only their respective 3 properties for the rest of the year "


Ex-AllStar
JRC
Level 8

Check with the Property Settlement Agreement and Divorce Decree. Then read up on the State Laws.

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BobKamman
Level 15

Ignore the Property Settlement Agreement and Divorce Decree because state judges can't rule on federal tax law.  

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