My ex-husband and I owned 20 acres of land that we had planned to build a retirement home on. In the divorce, it is stated that my ex would continue to pay for the property to the lien holder and put the property up for sale. If the sale returned a profit, my husband was awarded to recoup all the payments he made and if there was any profit left after that, then that would be split between the both of us.

Well, my ex decided to sell the property at auction and sold the property for less than what was owed to the lien holder, which was a bank. The money for the sale went straight to the lien holder. My husband also owns his own business and the lien holder was the same back. The bank refinanced his business loan and added the remaining balance from the property to his business loan.

I received a 1099-S in the mail for half the sales price that the auctioned returned. I cant really figure out how to report this. Since you cant claim a loss on personal property, does that mean that the amount in box 2 of 1099-S has to be reported as income??? A little lost and all the reading has me somewhat confused. I am thinking that I may need to file a Schedule D and Form 8949 with my 1040???? Will this cause me to have pay taxes on the half the sales price? Just need a little clarification from all the legal talk.

Thank you very much!