My ex & I sold our home during our divorce in 2005. On my Schedule A, do I have a right to claim one half of the mortgage interest and property taxes paid during the time we owned it? What if I claim half and he claims the entire amount? We lost money on the sale. Is there a deduction for that?

AtlantaTaxExpert

Goodmama1:

As half owner of the house, you are legally entitled to half of the mortgage interest. I suggest you make your ex-husband aware of this fact, as the IRS will get to the bottom of it and then come after him for the taxes owed.

Sorry, you cannot write off the loss on the sale of a personal residence.

goodmama1

Are you SURE about the interest and real extate taxes? Can you direct me to IRS guidelines where it states I am entitled to half of these deductions? I did not have enough deductions to itemize so I can't use them. However, due to being shorted every other way by my ex, I don't feel like being generous enough to let him use them. According to the IRS, he only has the right to claim the portion he is entitled to. Ive been instructed to make the IRS aware by filling out form 3949A. I want to make ABSOLUTELY sure I am in the right before mailing it.

AtlantaTaxExpert

GoodMama:

I am sure!! The only exception is if this issue is specifically addressed in the divorce decree. If not, claim half! It is your right!