My husband passed away and our condo was in his name only. My question is can I claim the taxes that I've paid on the condo?

[jaewrf59]

My husband is deceased. We own a condominium that the title was in his name only. My question is since I have been paying the property tax on the house can I claim it on my income tax even though the title is in my deceased husband's name

[Opus 17 · Accepted solution]

If you file a joint tax return, then for tax purposes you both own the condo and can deduct the taxes.  Generally you can file a joint tax return for the tax season in which your spouse died.  Assuming that you inherit the condo you can continue to deduct the taxes you pay even if it takes some time to update the deed.  If for some reason your spouse left the condo to someone else, then you can't deduct any taxes you paid after his death, they would be deductible by the new owner (who should reimburse you).

[rjs]

If you are inheriting and continuing to live in the condo, you can deduct the real estate taxes even if you don't file a joint return. You are considered an "equitable owner," even though you are not on the title. You should have the title transferred to your name as soon as possible, or your husband's executor should do it if you are not the executor.

[jaewrf59]

Thank you so much for your time