CALIFORNIA FAMILY LAW
...Income Tax Matters
......Community Property: Assets
.........In General
5 Cards On This Topic:
  • Summary of law re transfers of property between spouses or incident to divorce.
  • No recognition on gain or loss from transfers of property between spouses or incident to divorce.
  • Owner of property after divorce is liable for tax on gain associated with it; determination of ownership.
  • When H transferred property to W pursuant to sec. 1041 and then she sold it, she is liable for the tax consequences of the sale.
  • Transfer of interest in former marital residence 8 years after divorce held not incident to divorce and not subject to nonrecognition rules.