I have been separated nearly 2 years. Divorce still pending. Court orders require me to pay mortgage and property tax. Can I claim it since it came from my separate funds

[myreturn555]

Husband filed for legal separation on March 2017. He has not lived in the home for almost 2 years.

He requested that I (Respondent) pay mortgage and property tax in the court orders, which I did. I also paid more than half the household expenses. The loan is in my name only. The court awarded me physical custody of our two children. He claims he owns the home due to inheritance however he added me as joint owner the same day he apparently inherited it. He claims he should get to claim the kids, the property tax and mortgage interest. I am confused!

Can I claim the property taxes and mortgage interest expenses since I paid them? Even if he supposedly OWNS the house?

[DianeW · Accepted solution]

If your name is on the mortgage for the house, you are joint owner and you are liable for the debt, you can take the deductions because you paid them from your own funds.  He cannot take a deduction for payments he did not make and it's no longer his main home.

More information can be found here by clicking the link:  IRS Publication 504-Divorced or Separated Individuals