Mortgage interest and divorce

[jgarner72]

Background:  Had a personal agreement with ex since April 2015 identifying spousal and child support.  Notarized Settlement in July 2017.  Refi'd home in July 2017.  Divorced on 19 Dec 2017.  

Can I claim 1/2 the mortgage interest prior to the settlement / refi?  Even though she directly paid the mortgage, I would argue she was using the $ I provided her to pay it.

Thanks!

[Marketstar · Accepted solution]

To deduct mortgage interest and property taxes you must meet two conditions:

1.    !. You must be legally obligated to pay the mortgage and/or property tax.

2.    You must actually pay it

If you hold title to the property, you satisfy the first requirement