real estate interest and tax

[louisrichard]

My wife and I have been in the divorce process for over 16 months now. For tax year 2001 I was evicted from the martial home from April on. I paid a significant amount of child and spousal support during that period. The tax and interest statement from the mortgage company was $9,200.00. We are still technically married, there is no divorce agreement as of yet, there is no separation agreement. On my tax filing, am I legally allowed to claim half of the mortgage interest and taxes? Yes the house is in both of our names and the statement from the mortgage company has both of our names on it as well.

 

[loku]

Between your spouse and you, you are entitled to deduct the entire amount of taxes and interest. You can each deduct as much of the interest and tax as you actually paid. If you can not agree with your spouse on how much that is, then you two would have to convince the IRS which one is correct. Attach a statement to your return explaining how much of the interest each of you paid, and each of you would be entitled to deduct that portion. Deduct your share of the interest on line 11 of Schedule A (Form 1040), and print "See attached" next to the line.