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My husband and I are married filing separate questions about home owner

We are married filing separate because he owes irs and I want a refund, I don't know wether or not to put the manufactured house he bought while married in my taxes or not, or does it just go on his?
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DDollar
Expert Alumni

My husband and I are married filing separate questions about home owner

When married and fling separately, enerally the spouse that actually paid the expense or incurred the deduction is the one able to claim it. For example, the spouse who actually paid the mortgage interest and real estate taxes is the one who can deduct them.  If the funds came from a joint account, typically the expenses are split between them.

Note that the spouse claiming the deduction must meet all the other requirements for the deduction on his or her own, too. For example, you must actually be an owner of the property to claim mortgage interest or real estate taxes paid. If your spouse is the only owner of the property, then you don’t get a real estate tax deduction when you file separately.

When married and filing separately both spouse's must either claim the standard deduction or must both itemize.

Another alternative would be to file Jointly and also file Form 8379 Injured Spouse Allocation.  In most cases, you're better off filing a joint return and including the injured spouse form.  There are a number of tax credits that are not available if filing separately. Form more information see: Publication 501, Exemptions, Standard Deduction, and Filing Information

If you live in a community property state, joint items such as income actually need to be split evenly between the two of you.  Filing separate returns in a community property state can add up to be a real headache, see IRS pub 555 if this applies to you: http://www.irs.gov/uac/Publication-555,-Community-Property-1

Here are links to form 8379 and its instructions.

http://www.irs.gov/pub/irs-pdf/i8379.pdf

http://www.irs.gov/pub/irs-pdf/f8379.pdf







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1 Reply
DDollar
Expert Alumni

My husband and I are married filing separate questions about home owner

When married and fling separately, enerally the spouse that actually paid the expense or incurred the deduction is the one able to claim it. For example, the spouse who actually paid the mortgage interest and real estate taxes is the one who can deduct them.  If the funds came from a joint account, typically the expenses are split between them.

Note that the spouse claiming the deduction must meet all the other requirements for the deduction on his or her own, too. For example, you must actually be an owner of the property to claim mortgage interest or real estate taxes paid. If your spouse is the only owner of the property, then you don’t get a real estate tax deduction when you file separately.

When married and filing separately both spouse's must either claim the standard deduction or must both itemize.

Another alternative would be to file Jointly and also file Form 8379 Injured Spouse Allocation.  In most cases, you're better off filing a joint return and including the injured spouse form.  There are a number of tax credits that are not available if filing separately. Form more information see: Publication 501, Exemptions, Standard Deduction, and Filing Information

If you live in a community property state, joint items such as income actually need to be split evenly between the two of you.  Filing separate returns in a community property state can add up to be a real headache, see IRS pub 555 if this applies to you: http://www.irs.gov/uac/Publication-555,-Community-Property-1

Here are links to form 8379 and its instructions.

http://www.irs.gov/pub/irs-pdf/i8379.pdf

http://www.irs.gov/pub/irs-pdf/f8379.pdf







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