Going through a divorce right now and wife wants to get out of house/mortgage. I was told by a title company that legally she can sign off title of the house to me but she cannot get out of the mortgage without a refinance and me talking over the new loan. We cannot refinance it right now because we are upside down by 100K, so that's not an option. The 2nd option would be she signs off the title to me and I take over the payments and the loan stays under both names.

My question has to do with the interest rate paid on the mortgage, how can I report it to the IRS next year and get full credit for it if in the bank's mortgage statement is going to show both names/SSNs still? Or do we still have to keep filling our income taxes jointly until the house market kicks back and we can either sell or refinance the house?

Thanks in advance for any advice.

No, you can not file married filing jointly if you are not married. So once the divorce is final.

Plus no person in their right mind will sign over a deed to a house if they are going to still be on the mortgage. The trouble here if for some reason you stopped paying on the loan, she could be forced to pay and have no real claim to it.

The other choice of course is for her to force the sale of the house of course

But if you are paying the full mortgage and interest for the entire year, you can claim it on your taxes.