Dear Ms. Lank: The deed for my husband's and my house is only in my name. We file joint income tax forms. We have lived there over two years. Can we claim the $500,000 in tax-free profit even though his name is not on the deed?
If both spouses meet the occupancy requirement – and it sounds as if you do – then the full homesellers tax exclusion is available even if only one meets the ownership requirement. In other words, the answer to your question is “yes”.