sale of property capital gains

[amxagtone]

What is the name of your state? New Jersey
When my father died 8 years ago, my mother put the house in the three kids names. Well, my mother died in october 2002 and the three children hav now sold the house. The proceeds were divided three ways. Can I give my spouse my share and not pay capital gains or git tax.

 

[JETX]

Whether there were capital gains and the reporting status would need to be discussed with a tax attorney.

However, I can tell you that you cannot avoid the taxes by 'giving' the gains to your spouse. If you file jointly, it would still be a marital tax liability. And if filing single, your spouse would have to report it.