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jgordosea, Enrolled Agent
Category: Tax
Satisfied Customers: 3161
Experience:  I've prepared all types of taxes since 1987.
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My husband has just now decided to ask me for a divorce, so

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My husband has just now decided to ask me for a divorce, so normally we do our tax's married filling jointly, but he wants to do them seperately this time. I tried doing my tax's, but it now says I will owe money and not get a refund, like i always do. I have ask him to let me take some of the deductions, like house interest, tax's and such, but he says I am not on the loan, just on the loan title, so he says he is going to get all the deductions and leave me hanging in the wind, filling my tax's and having to owe money this year. what can I do about this?



Unfortunately, there is likely not much to be done that can help for reducing your tax due when married filing separately.


As you may know, when one spouse files separately using itemized deductions teh other spouse must also use itemized deductions even when their total of itemized deductoins is less than the standard deduction.


He is technically correct that mortgage interest can not be claimed for a person that is not liable for the loan. You may want to check with the mortgage company to confirm that is correct. Most mortgages for jointly owned property are in both names.


If you both claim the same payment twice then both returns could be examined. So, you will have to file based on what you can agree to splitting the amounts that were paid from joint accounts. This will apply for taxes, charitable contributions, etc.


Although not of any immediate help, you can ask your attorney to consider including your contributions to his loan, that he deducted, when splitting marital property. That is, if he insists it is only his loan then perhaps you have a claim that he should reimburse you for what you paid toward his loan. That idea might even presuade him to let you split some of the other deductions. Or, he takes the interest and you take the taxes and charity (for example).


I hope this helps to know interest on a loan is only deductible by the liable person; even though it is likely not what you wanted to hear.


Best wishes.



Customer: replied 8 years ago.
Our loan was sold to a different lender and he will not tell me who it is, so I can ask them if my name is XXXXX XXXXX loan, is it possible that the loan is only in his name but my name is XXXXX XXXXX title? this does not sound right, why would a company put my name on the title with his, but my name is XXXXX XXXXX the Loan?
Customer: replied 8 years ago.
Did you get my last email question?

Hello again,


Yes, it is possible for a refinance to be only in one name; but as I said it is not the usual manner in which it is done.


For you to be on the loan you would have had to sign the loan application or other documents. If you did not sign anything then you would not be on the loan.


I hope this helps; but whether or not you are on the loan you and he will have to split the amounts or risk having both returns examined for not matching the total that is reported the IRS.


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