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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4816
Experience:  Experienced in both state and federal court.
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I'm divorced. My husband and I both owned th home, both

Customer Question

I'm divorced. My husband and I both owned th home, both names were on the mrtg.
Interest paid document was sent to husband and he filed taxes using this document. I wasn't consulted. This feels wrong. Is what he did legal, and if so, why?
Submitted: 11 months ago.
Category: Legal
Expert:  Chris T., JD replied 11 months ago.
Hello. I'll be happy to assist you.When were you divorced?
Customer: replied 11 months ago.
Customer: replied 11 months ago.
Expert:  Chris T., JD replied 11 months ago.
OK. That mortgage interest deduction is technically community property. The best practice is to write that into the divorce decree. However, since I'm assuming that didn't happen in your case, either of you can claim the deduction, but not both of you - at least, you are not both supposed to claim it. My suggestion is that you try to work something out with your ex where he gives you some amount of cash for allowing him to claim the deduction by himself. In theory, you could both claim it, and then take it up with the IRS if/when they catch it. Of course, that could end up being a hassle for boh of you, so reaching some mutually acceptable agreement is most likely your best option.
Expert:  Chris T., JD replied 11 months ago.
Do you have any questions? If so, feel free to ask. If not, please remember to "Rate" my answer before you go. Good luck.