I was legally separated during the year but we both have mortgage interest (exs name and social) and schedule d investments (my social) to claim. How do I claim my share?

[RobertG]

You can enter your home mortgage interest without a 1098, just make sure you don't both claim the same interest.

The schedule D is more complicated, since you have to claim the 1099 in full if it is in your name to avoid correspondence from the IRS matching program.

If your spouse intends to enter part of the gain as income you can enter the 1099 in full on your return and then make a nominee adjustment for the amount she intends to report.

Here is how to make a nominee adjustment.

Report the capital gains (Form 1099-B, Form 1099-DIV?) (entire amount) on your Form 1040 Then, enter a Nominee Distribution for the amount that the nominee received.

Enter the Nominee's portion as a negative number on Schedule 1 line 8 with the caption, “Distribution to Nominee YYY, CAP Gains, SSN xx-xxxxxxx.”  The negative number on Schedule 1 line 8 will adjust the income of the reported payee to the correct amount.  

Enter the negative income adjustment with the following menu path:

• Federal Taxes
• Wages & Income
• Less Common Income
• Miscellaneous Income
• Start
• Other Reportable Income
• Start
• Other Taxable Income
• Description = “Distribution to Nominee YYY, SSN xxx-xx-xxxx”
• Amount = -$xxx

Or enter "other reportable income" in the Search Box and Select "Jump to other reportable income". Continue to the screen "Other Taxable Income". Enter the description as “Cap Gains to Nominee YYY, SSN xxx-xx-xxxx” and the amount as a negative number. These are NOT wages.

TurboTax will transfer this to Schedule 1 line 8.

You can e-file with this approach because the disclosure is on the face of the return at Schedule 1 line 8.  

Part of this answer is from ToddL

[kmankaney2020]

Thanks for that information. However I had a capital loss from Schedule D investments (which is in my name). How do I share that capital loss with him?

[VictoriaD75]

The ability to deduct a capital loss must be determined between the two of you if the investments were jointly owned. If it was in your name only, you may have a claim to the deduction over your spouse. 

Generally, you can use your capital losses to offset your capital gains for the year plus a $3,000 deduction ($1,500 if married filing separately). However, if you have no gains, you can deduct losses up to only $3,000. If you're married filing separately, the limit drops to $1,500 per spouse.

Married Filing Separately

Tax Tips for Separated Couples

[kmankaney2020]

Ok thanks but how do I share the capital loss with my ex husband who I was legally separated with in 2019 if the 1099R is in my social security but the account is in both of our names.