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Just Dahlia · Mar 15, 2011, 05:46 PM

No mortgage was paid from 7/10 to 12/10

My ex husband is telling me because of this there is not much of a deduction for taxes and is claiming that the refund is not there.

He filed separately to get the most for himself and now I need to file and I was wondering if I should file 50/50 like the court papers say. He has told me not to claim the house because he already has.

It makes sense to me, but I just wanted another opinion.:confused:

Fr_Chuck · Mar 15, 2011, 06:21 PM

Property taxes are paid to the county and are either paid or not paid, that has nothing to do with not paying a house payment.

The interest deduction would be less those few months

ebaines · Mar 16, 2011, 06:29 AM

If you have court papers that say you are entitled to 50% of the deductions for the house (mortage interest plus real estate tax deductions), then by all means claim your 50% on Schedule A. You should have received a 1098 form from the mortgage holder which documents the amount of interest paid, and if the bank is also collecting real estate taxes from you the it will show the amount paid to the municipality as well. Perhaps those numbers aren't as large as in previous years because of failure to pay to the bank for six months, but the amouts are certainly greater than zero and you are entitled to half of it. Don't worry that your ex says he's alread taken the deduction - claim your fair share and let the IRS figure it out. If you don't have a copy of the 1098 I bet that the bank sent it to your ex, so you need to get a copy of it from him.

AtlantaTaxExpert · Mar 16, 2011, 10:10 AM

I agree with ebaines; claim the deductions that the court says are yours.

Just Dahlia · Mar 18, 2011, 03:16 PM

Everything was to be split 50/50, California law, but nothing was put in writing. I took the 50% other wise I would have had to pay over $800.

No I wondering if I should take the taxes on the car that we bought? My tax man says that my ex wouldn't have know that he could take the taxes on the car since he was using 'Turbo Tax'

I'm thinking I should just take 50% just in case, but he never mentioned that he took any taxes on the car, so I doubt he knew about it.

AtlantaTaxExpert · Mar 18, 2011, 08:43 PM

If you live in California, which is a community property state, EVERYTHING is split 50-50.