You could if your ownership was not 50-50.
But if the split is altered in order to evade taxes, that could be a problem.
In that case you would need to prove that the split other than 50/50 was justified.
What you each contributed to a down payment, what you each claimed as Mortgage Interest Deductions and property taxes for the years it was owned would be scrutinized.
There is no law that you MUST each claim half, but you should each claim the portion you each owned.
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