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Can I deduct mortgage interest only for the months I actually paid before divorce and have husband deduct only for the months he paid? I live in community property state.

We paid the mortgage 50/50 for 4 months. Then wife paid 5 more months and husband paid 3 more months. I assume we can only deduct for months we each actually paid on the mortgage. Right? That would give wife 7 months of deductions and husband 5 months.

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Accepted Solutions
AmandaR1
New Member

Can I deduct mortgage interest only for the months I actually paid before divorce and have husband deduct only for the months he paid? I live in community property state.

Yes, it sounds like each spouse will deduct the actual paid, presuming divorce happened after 4 months and then payments were related to individual home use. Typically mortgage interest for community property states is split, but federal standard rules are that you can only deduct amounts you actually paid, so it actually works out easily in this situation. Be sure the total mortgage interest deducted on both of your returns is not greater than the mortgage interest paid. 


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1 Reply
AmandaR1
New Member

Can I deduct mortgage interest only for the months I actually paid before divorce and have husband deduct only for the months he paid? I live in community property state.

Yes, it sounds like each spouse will deduct the actual paid, presuming divorce happened after 4 months and then payments were related to individual home use. Typically mortgage interest for community property states is split, but federal standard rules are that you can only deduct amounts you actually paid, so it actually works out easily in this situation. Be sure the total mortgage interest deducted on both of your returns is not greater than the mortgage interest paid. 


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