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Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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Do I have to split the taxes on my house with my ex husband

Resolved Question:

Do I have to split the taxes on my house with my ex husband if the house went to me in the divorce and the divorce was final before the end of the year?
Submitted: 8 years ago.
Category: Tax
Expert:  Merlo replied 8 years ago.



Are you talking about the deduction you would take for property taxes?


If so, when and how are your property taxes paid? Were they included with your monthly mortgage payments or do you pay your tax bill directly at the end of the year? If so, when was the bill paid and were you still married at the time?

Customer: replied 8 years ago.

I am talking about the deduction for property taxes.


They are included in my monthly mortgage payments.

Expert:  Merlo replied 8 years ago.

Hello againCustomer


In most states, after a divorce occurs only one spouse or the other can claim the deductions that your normally would have taken together. This is either determined by actually specifying the agreed-to deductions as part of the divorce decree or by the spouses working out an agreement between themselves. However, there is an exception to this rule if you live in a community property state. Your post indicates you are from Washington. If that is where your divorce occured then this rule would not apply in your situation.


In community property states (Arizona, California, Idaho, Louisiana, Nevada New Mexico, Texas, Washington and Wisconsin), you and your spouse may be allowed to split the deduction for allowable expenses that were paid for using money from a joint account while you were still married. If that was the case, then your ex spouse would be entitled to a portion of the property taxes paid while you were still married.


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Thank you.




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