Who can claim mortgage interest during divorce and if our home has been rented during the whole of the year? We were separated the whole year, and I managed the account.

[trottcd]

Husband and I separated since beginning of January 2017.  Both of our names are on the deed, I am the only one on the mortgage. Husband moved to Florida and left me in charge of managing the home, which has been rented since Jan 2017. I am the rental manager and all house problems, rent, and landscape services go to me. These fees all come out of an account that I manage that is in my name and through my bank. He is wanting to claim the mortgage interest.

How does this situation work? We're filling separately for 2017.

[MichaelL1]

If your name is the only one on the mortgage and he is not responsible to pay the mortgage, then you would deduct the interest payments on the mortgage.  He would not be able to claim interest on something he was not legally required to pay. 

You do realize you have a rental now and all the income and expenses for the rental need to be reported. 

[trottcd]

Yes, I am planning on filing the home as income and deducting expenses required to manage the home (utilities we do pay for, landscape service, &c.) Correct?

[MichaelL1]

Yes, all expenses related to the rental needed to make income from the rental.