Last year (2008) I went through a divorce, My x-wife and I still own a property. The mortgage is in her name as she is the primary, and I am the co-signer.

The marriage settlement agreement clearly states that I am permitted to claim the interest for this property on my taxes. I received the 1099 form in the mail the other day, and her name is the only name listed on the 1099 form.

Since her name is the primary name on the 1099 form, and on the mortgage, what can be done so that I can claim this interest on my taxes, besides asking her to claim the interest, and then try to get the money, which in my opinion will be impossible to do.

If I contact the bank, about re-issuing a 1099 in my name, they tell me that the mortgage is in her name as the primary, despite having the legal signed marriage settlement aggrement which clearly states that I am permitted to claim the interest for this property.

If anyone can shed light on this, or if I need to go to an account.:confused::confused::confused:

The divorce decree is a legal document which MUST be honored by both you and her. Hence, she CANNOT claim the mortgage interest, and you CAN claim it, so be sure she understands that, legally, she cannot claim the interest.

You can then either attached a copy of the divorce decree to your tax return when you file, or just file and hope the IRS does not notice, or file and have the divorce decree available when the IRS challenges the deduction.