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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28907
Experience:  Taxes, Immigration, Labor Relations
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partners on property tax deduction who gets it

Customer Question

partners on property tax deduction who gets it
Submitted: 8 years ago.
Category: Tax
Expert:  Lev replied 8 years ago.

As long as you both are on the deed - either of you may use property tax and mortgage interest deduction.

Generally - each of you may deduct the amount you or he actually paid. If some payments were paid from community funds - each of you entitled for 50% deductions.

 

If you have separation decree - that document may specify who is entitled for deduction and in which proportion.

 

Please let me know if any clarification is needed.

Lev and other Tax Specialists are ready to help you
Customer: replied 8 years ago.
I was kicked out of the house for a year and rented a house with are kids he made the house payment and the account is in his name
Customer: replied 8 years ago.
Relist: I still need help.
he kicked me out of the house for a year he made payments from his account I rented so I could not help him I supported are two kids so who get tax deductions then are names are XXXXX XXXXX the deed
Expert:  Lev replied 8 years ago.

Tax deductions are taken by the person who made payments - that is the IRS's point of view.

If you made rental payments - they are not deductible.

 

If you think that you are entitled to deductions - you try to negotiate with your partner - if you would not come to any agreement - the only way - to go to the family court and get a separation decree.

The separation decree signed by the judge may specify who is entitled to deduction and in which proportion.