Re: Divorce/Mortgage interest deduction
posted at 4/13/2012 7:05 AM EDT
In Response to Divorce/Mortgage interest deduction
[QUOTE]hi i was separated for all of 2011, and divorced in september. although i lived in a rented apartment, i paid 60% of the year's mortgage interest, property tax and condo fees of the marital home. am i entitled to take these deductions even though i lived elsewhere?
Posted by staugustine[/QUOTE]
Sorry to hear of the marriage break up.
As to the mortgage interest and real estate taxes, as long as you held an ownership interest in the property and were liable on the mortgage (your ownership interest in the property would make you liable for the real estate taxees), you would be entitled to claim thoses amounts of these deductions that you actually paid durint the year. The only "fly" iin the ointment would be if your ex claimed them, in full, on their return. Presumably, you are no longer privy to that information. Although your attorney could ask the ex's attorney about it, it is likely you won't get a response, but if they couched it in terms of your intention to claim your rightful share or to assert that in the case of an audit, you would argue, in the face of a denial of a decution as to these items, that the entire morrgage payments and taxes were in the form of alimony deductions, you migjht get a response. This tactic might also require an extension for your return, while you try to work it out. This presumes there were no discussions of the split of these deductions as a part of the divorce proceedings.
Hope this helps in preparing your returns!
Mark H. Misselbeck, C.P.A., M.S.T., Tax Prncipal
Katz, Nannis + Solomon, P.C.