What is the name of your state (only U.S. law)? South Carolina
My ex wife and I divorced in November 2010. Our house that we both still own has always been in both our names. We refinanced the mortgage in November 2010 because the mortgage was only in my name and not in hers. Our divorce agreement gives her 1/2 of the mortgage interest deductions. Since the 1098 for the mortgage that covered 11 months of the year was only in my name, is she still able to claim 1/2 the interest because the divorce docs say she can? Not sure how the IRS will handle her claiming 1/2 the interest that was totally in my name even though the divorce docs say she can claim them. Will the IRS catch and/or stop her from claiming all but the one month in 2010 that her name was on the mortgage.
My ex wife and I divorced in November 2010. Our house that we both still own has always been in both our names. We refinanced the mortgage in November 2010 because the mortgage was only in my name and not in hers. Our divorce agreement gives her 1/2 of the mortgage interest deductions. Since the 1098 for the mortgage that covered 11 months of the year was only in my name, is she still able to claim 1/2 the interest because the divorce docs say she can? Not sure how the IRS will handle her claiming 1/2 the interest that was totally in my name even though the divorce docs say she can claim them. Will the IRS catch and/or stop her from claiming all but the one month in 2010 that her name was on the mortgage.