Capital Gains and Divorce: What Happens When You Sell the Home in Round Lake Park, Illinois

by Dick Barr, CRS

Divorce is a life event that brings both emotional and financial challenges. For many homeowners in Round Lake Park, Illinois, selling the marital home becomes part of the process, either to divide assets or start fresh. One of the biggest financial considerations in such cases is understanding capital gains—the potential tax implications when a property that has appreciated in value is sold. In this article, we will explore how capital gains may apply when selling during or after a divorce, what factors influence tax responsibility, and how these issues fit into the broader real estate landscape.

Understanding Capital Gains in Real Estate

When a home is sold, the profit realized from that sale can potentially be subject to capital gains tax. The basic concept is straightforward: the gain is calculated by subtracting the property’s adjusted basis (typically the purchase price plus certain improvements and costs) from the sale price. However, for most homeowners, a portion—or even all—of that gain can be excluded under the IRS’s home sale exclusion rule.

Based on federal tax law, individual filers may be eligible to exclude up to $250,000 of gain, and married joint filers up to $500,000, if they meet certain ownership and use tests. These rules are general and may vary depending on each person’s circumstances, and it’s essential to consult a qualified tax advisor for specific guidance. What matters for many divorcing homeowners is how these rules apply when only one spouse continues to live in the property or when the home is sold as part of a divorce settlement.

How Divorce Affects Ownership and the Capital Gains Exclusion

In many cases, property ownership may shift as part of the divorce decree. One spouse may transfer their interest in the home to the other, or both may agree to sell the property and split the proceeds. Generally, transfers between spouses relating to a divorce are not taxable events under IRS rules. However, how and when the sale occurs can impact eligibility for the exclusion amount.

For example, if both spouses still meet the ownership and use requirements, they might qualify for the higher exclusion amount when selling the home. If only one spouse remains living in the property, they might qualify for the single filer exclusion instead. Because situations vary widely, careful planning and timely sale decisions can make a significant difference when dividing property assets in Round Lake Park or anywhere in the country.

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Considering Local Market Conditions in Round Lake Park

In typical market conditions, many communities across Lake County, including Round Lake Park, experience the same economic cycles seen throughout the nation. Home values are driven by demand, local amenities, and broader regional influences such as employment access, transportation routes, and available inventory. During a divorce-related sale, market timing can influence how quickly a property sells and the net proceeds from that sale.

Sellers in transitional situations often rely on a real estate professional with experience in collaborative sales and communication between both parties. These professionals can help coordinate the process to ensure compliance with all real estate laws, from proper disclosures under RESPA to adherence with Fair Housing protections, which guarantee equal opportunity to all buyers.

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Tax Basis, Improvements, and Recordkeeping

Maintaining good records over the life of homeownership is particularly important when capital gains come into play. Improvements—such as renovations, structural repairs, or upgrades—can increase the property’s adjusted basis and reduce potential taxable gain. Both spouses should retain documentation of these expenses, even if one spouse is no longer residing in the home.

In divorce cases, it’s not uncommon for ownership changes to be part of the agreement. If one spouse keeps the home and later sells it, their basis typically includes both their original portion and the share acquired from the other spouse, depending on how the settlement was structured. Again, while the IRS rules provide general frameworks, professional guidance from a tax specialist is recommended before any sale occurs.

The Emotional and Practical Side of Selling During Divorce

Selling a marital home isn’t just a financial decision—it is an emotional one. For many, the property represents years of shared investment and memories. Balancing emotional considerations with practical financial outcomes is key. Many homeowners find that impartial real estate professionals can provide structure and clear expectations throughout the process, helping both parties focus on achieving fair market results.

From preparing the home for sale to negotiating with buyers, every step should be managed professionally, ensuring transparency and cooperation. Fair representation and open communication allow both parties to make informed decisions and maintain compliance with all relevant laws and regulations governing real estate transactions.

About Round Lake Park, Illinois

Round Lake Park is a village located in Lake County, Illinois, approximately 50 miles northwest of downtown Chicago. Known for its blend of residential neighborhoods, parks, and small business districts, the area offers access to regional transportation routes and several nearby lakes that support outdoor recreation. Residents enjoy proximity to larger surrounding suburbs while maintaining a community-oriented atmosphere. The village provides easy access to dining, retail, and various local attractions in the broader Chain O'Lakes area.

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State of the Industry: Divorce and Real Estate in Today’s Market

Across many markets, legal and financial professionals are seeing greater awareness of how divorce-related sales intersect with real estate law and tax obligations. With rising home values in several regions of the U.S., potential capital gains have become a more frequent topic of discussion during property division. The industry trend is toward collaboration—where real estate professionals, attorneys, and tax advisors work together to help clients navigate this complex reality ethically and efficiently.

In Illinois and beyond, professionals are increasingly specialized in serving clients dealing with sensitive real estate events such as divorce or probate. Special training and certification help ensure these transactions are handled with accuracy, neutrality, and compliance with state and federal regulations.

Conclusion: Taking the Right Next Step

Understanding how capital gains and divorce intersect can help homeowners in Round Lake Park make more informed decisions. While every case is unique, the consistent message across the real estate industry is the importance of early planning, accurate information, and collaboration with qualified professionals. By addressing these questions before selling, divorcing homeowners can minimize unexpected tax implications and ensure an equitable division of assets.

It is always wise to consult with a certified tax professional and a knowledgeable local real estate expert before making decisions that affect both personal finances and long-term wealth. If you are considering selling your home in Round Lake Park or simply want to understand today’s market dynamics, reach out to a trusted real estate professional who can help you evaluate your options.

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Dick Barr, CRS, is a Managing Broker with The Dick Barr Group at Village Realty, bringing over 20 years of real estate experience to every client relationship. A former elected Lake County Board Member and former Planning and Zoning Commissioner, he is also the recipient of the 2012 Governor’s Hometown Award. Dick is a Certified Residential Real Estate Probate Specialist and Certified Residential Real Estate Divorce Specialist, consistently recognized among the top 1.5% of residential brokers in the United States by RealTrends. Dick is the author of the book, "Beyond the Will: A Comprehensive Guide to Probate Real Estate in Illinois".


 

Beyond the Will Book Cover

Beyond the Will: A Comprehensive Guide to Probate Real Estate in Illinois

Handling real estate after a loved one’s passing is never simple, but it does not have to be overwhelming. In Beyond the Will, Certified Residential Real Estate Probate Specialist Dick Barr provides a clear, compassionate, step-by-step roadmap for navigating probate real estate in Illinois.

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Dick Barr, CRS

Dick Barr, CRS

Managing Broker | License ID: 471.011187

+1(847) 644-1154

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