topic 1098- I co own a home. The other person on the 1098 is claiming her standard head of household, can I then claim all of the interest and such? in Get your taxes done using TurboTax

1098- I co own a home. The other person on the 1098 is claiming her standard head of household, can I then claim all of the interest and such?

wadrake27 — Thu, 06 Jun 2019 14:42:15 GMT

This is my ex wife and we bought this house in 2016. We have been formally divorced for 14 years. We spilt the house and maintence in half but she pays for food and kids and such.

You two will have to work this out. But here's your optio...

Carl — Thu, 06 Jun 2019 14:42:17 GMT

You two will have to work this out. But here's your options based on tax law.
- In order to claim/deduct the mortgage interest, you must have a legal obligation to pay it. So if you both signed the mortgage, that's fine. It doesn't matter that only one of you is named on the 1098. So weather one of you claims it, or you split it doesn't matter. But be aware that legally speaking, there's actually two criteria that needs to be met.
1) You must be legally obligated to pay it.
2) You must have actually paid what you claim you paid.

The same holds true for the property taxes also.

Carl's comment is the correct answer; you can claim it if...

Hal_Al — Thu, 06 Jun 2019 14:42:19 GMT

Carl's comment is the correct answer; you can claim it if you paid it and you are on either the mortgage or the deed.

A bigger question is can the other person claim Head of Household if they are not paying the mortgage.

The main requirements for Head of Household are: a taxpayer that

1) is single or did not live with their spouse at any time during the last half of the tax year.

2) has at least one closely related dependent (usually a child) that lived with the taxpayer for more than half the year

3) pays over half of the support of the household expenses, including rent / mortgage...