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jen-s123
New Member

How do I claim my portion of property taxes on the house due to divorce mid-year if the property tax is on the ex-spouse's refinanced mortgage form?

 
6 Replies

How do I claim my portion of property taxes on the house due to divorce mid-year if the property tax is on the ex-spouse's refinanced mortgage form?

If you and your spouse can come to a written agreement on how to divide the property taxes, then put the amount that you "paid" for on your return, and then be sure to keep the written agreement with your tax records in the unlikely chance that the IRS may write to ask about this. If your ex- deducts the other part of the property taxes, there should not be a problem.

Note that you can claim one half the property taxes only for that part of the year in which you were a co-owner.

jen-s123
New Member

How do I claim my portion of property taxes on the house due to divorce mid-year if the property tax is on the ex-spouse's refinanced mortgage form?

How much can I claim of the mortgage interest?  I lived in the house and paid 50% of the mortgage for the entire year. I got off of the mortgage mid-year.

How do I claim my portion of property taxes on the house due to divorce mid-year if the property tax is on the ex-spouse's refinanced mortgage form?

Did you still share ownership of the house? If you don't share ownership and your name is not on the mortgage, then your interest is only that interest that you paid (times one half, of course) while one of these conditions were true.

However, you may want to see this: "If a divorce or separation agreement requires you or your spouse or former spouse to pay home mortgage interest on a home owned by both of you, the payment of interest may be alimony. See the discussion of Payments for jointly-owned home under Alimony in Pub. 504, Divorced or Separated Individuals. "

Also, you may want to review this excellent answer (still good after 4 years) - <a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/replies/3875555">https://ttlc.intuit.com/replies/3875555</a>
jen-s123
New Member

How do I claim my portion of property taxes on the house due to divorce mid-year if the property tax is on the ex-spouse's refinanced mortgage form?

I have a lein on the house for 4 years. Does that count for anything?
jen-s123
New Member

How do I claim my portion of property taxes on the house due to divorce mid-year if the property tax is on the ex-spouse's refinanced mortgage form?

I do not currently share ownership.  I only have the lein.

How do I claim my portion of property taxes on the house due to divorce mid-year if the property tax is on the ex-spouse's refinanced mortgage form?

No, a lien does not count. A contractor can out a lien on your house if you don't pay for repairs, but that doesn't mean that he owns part of your house.
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