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He purchased a house with a former girlfriend in 2004 and broke up and moved out of the house in 2006. They did not do anything to remove his name from the mortgage/deed, but the ex-girlfriend continued to live in the house and pay the mortgage until 2009 when she moved and stopped making payments. In 2010, the house went into foreclosure, but the bank accepted a short sale which closed in November 2010. The house was HER primary residence, but has not been his since the breakup. Does this mean that he will have to pay taxes on his half of the forgiven amount or does he qualify for tax relief through the Mortgage Forgiveness Debt Relief Act? It was not a rental property (he in no way profited while she continued to live there), nor was it his "second home."