| As long as their divorce indicates that the pty is to be sold and the proceeds split between them equally. Then, they determine the total amount of gain, distinguishing between the depreciation recapture and capital gain portions. Then they divide it between the two of you equally. Each of them reports your portion on your own return.HOWEVER, in this situation, she later sells the pty, then she needs to recapture the unrecap depre ONLY on the disposition of the pty as ordinary gain taxed at 25%. |