Separated for over a year.

My husband and I have been separated since fall of 2000. He's been living in his own rented apartment since that time. I have been paying all household expenses since he moved out in 2000. That means I've been paying the mortgage, taxes, home equity loan, everything without a penny from him.

Now I'm ready to file my taxes as head of household for 2001. I want to claim the interest on the house payments, home equity loan, and property taxes since I've been the one paying all those things. I've been paying them through my own separate checking account at my own bank. My bank account has received only deposits from my employer. Everything I've paid I can prove was paid by me alone, with no money from my husband. He has contributed absolutely nothing towards any household expenses.

Can I claim the interest on the mortgage, home equity loan and property taxes, even though both of our names are on all of the above? It doesn't seem fair that he be rewarded for the money I paid all year. He has no problem with my claiming the interest and property taxes on my tax return because he knows he didn't pay anything towards these bills, and he also wants to do what is fair. I just want to know if it's legal. We live in Wisconsin.

Thanks for any advice.

[vrzirn]

Yes, you can do that. I filed in Ca. as " married, filing separately".
If you do not resolve your personal affairs it may be that he will eventually claim a portion of the appreciated value of the house since he moved out, even though you have been responsible for all the bills. He may not get it, but it will cause you grief and attorney expenses.
The emotional climate changes rapidly if and when he finds another woman.
It is better to file separately because if there are any audits by the IRS you will not be responsible for his tax return.

Thanks for the advice. I don't know if he'll try to claim anything on the house in the future. I plan on going through with the divorce this spring. He's already suggested I exchange the house for his profit sharing. He's got almost as much in his profit sharing account as the house is worth, so if he tries to claim anything on the house when we divorce, I can always counter with a claim for half of his profit sharing and his retirement fund. Either way he won't be ahead. I don't have profit sharing at my place of employment, and he started his job when we got married, so I could demand half of that if I wanted, or if he tried anything with the house.


I told my older kids, if he won't let me have the house down the road, I'll dump it on him, make him buy me out or sell it, take half of his profit sharing, and buy my own house in the country. LOL! But as of now, he really wants to hang on to his profit sharing, and he's willing to give me the house for it. I think he'd rather do that and walk away debt free, rather than take on the house responsibilities, even if he wanted to sell it. Too much hassle for him, he's kind of lazy that way.

Thaks for your advice!

[vrzirn]

Just a happy thought to check out and keep to yourself-if you are the beneficiary on his pension plan it may be irrevokable. If he can remove you try to get the kids listed as beneficiaries and an order that he may not change it.

In the state of Wisconsin, (I don't know about other states), the beneficiary is automatically the spouse. The retiree cannot change the beneficiary to dependents or anyone else without the spouse's signature and approval, and the papers must be signed in the presence of a notary public or lawyer. So he can't legally change beneficiaries. Thanks for the thought.

[vrzirn]

He can with your consent. You might consent as part of a "quid pro quo" in your divorce action. I was referring to plans that mandate no changes at all under any circumstances. When parties are divorced that beneficiary will receive survivor benefits, which are slightly less than widow's.