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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29558
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 3 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.

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