Questione giuridica chiave
Whether the full sale proceeds had to be credited to the replacement property so that real estate gain tax was deferred in full, despite the replacement being acquired by both spouses in joint ownership.
Decisione estratta
Yes. The deferral is granted in full when the former family home is replaced by a jointly acquired dwelling that continues to serve the same self-used residential purpose, and the sale proceeds are fully reinvested.
Motivazione estratta
The statute focuses on continuity of use, not absolute identity of the legal owner. A purely formal ownership analysis would defeat the purpose of the replacement-property rule. Where the prior sole owner continues the same family housing use in the replacement property and at least one spouse retains ownership rights, the gain is functionally reinvested and the tax should be deferred.