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    jedalton's Avatar
    jedalton Posts: 5, Reputation: 1
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    #1

    Mar 15, 2010, 04:00 PM
    Mortgage interest deduction
    I was divorced in 2009 & in my settlement agreement I was awarded the house in FL & my ex was awarded the house in Va Beach. I have always made the payments on the FL property. The deed is in both names but the mortgage is only in her name. Can I claim the interest & property taxes paid on the FL property?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Apr 30, 2010, 01:02 PM
    Since the mortgage is in her name, the Form 1098 will be issued under her name and SSN. You can still claim the interest and property taxes (provided SHE does not claim on her tax return), but you REALLY need to refinance the mortgage and get the loan under your name exclusively to keep it clear in everyone's mind as to who really owns the house.
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