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Marvin,EA, Enrolled Agent
Category: Tax
Satisfied Customers: 1672
Experience:  Enrolled to Represent Taxpayers Before The IRS
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I am going through a divorce but I am not officially divorced.

Resolved Question:

I am going through a divorce but I am not officially divorced. My husband and I have a house together that we bought in 2008. Can we both claim interest on the house and both get the huge deduction that homebuyers are getting for 2008. If not, how do go about doing this without getting in trouble with the IRS? We are going to file Married filing separately so there is no debate over that. We just need to know how we need to claim the interest for the house and and the money we get back for buying in 2008. Thanks!
Submitted: 7 years ago.
Category: Tax
Expert:  Marvin,EA replied 7 years ago.

Hello and thanks you for using Just Answer. Only you or your husband can deduct the mortgage interest paid on the home. If you and your husband purchase the home on or after April, 9 2008 and had no ownership interest in a principal residence in the U.S. during the three-year period prior to the purchase of the home you and your husband can take the credit up to $3,750 each.


Either one person can deduct on their tax return the total mortgage interest paid on the home or divide the mortgage interest paid between you and your husband.

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