Form 1098 - Mortgage Interest - Form is in my ex-wife name, I get online and pay

[FederalInquirer]

Hello Tax Experts 🙂

After my ex-wife and I divorced the agreement is:

1) The deed of the house was changed to my name only (my primary residence)

2) The mortgage is in her name only, but b/c I'm keeping the house, she gave me access to her mortgage account online, and I login, and pay mortgage + property taxes. After divorce we didn't refinance the house under my name b/c interests at the time were higher than the existing mortgage has (4%)

3) She gives me the 1098 she receives which is in her name, and she doesn't use the form in her income tax

Q 1) Can I enter in my income tax her 1098? I'm actually making the payments, but my name / SSN isn't on the form

Q 2) Can I declare the house's property taxes I paid in my income tax even though my name / SSN isn't on the mortgage account?

Thank you, I appreciate your help

Nick

[AnnetteB6 · Accepted solution]

Yes, you can claim the mortgage interest and property taxes that you paid as part of your tax return.  

Take a look at the following TurboTax help article for more details.  There is an exception covered in the last bullet point pertaining to your situation.

How do I deduct mortgage interest if I co-owned the home?