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1098 in ex- spouses name, but I pd all interest and taxes

Posted on: 06th Feb, 2010 01:53 pm
my quit claim deed was complete with my divorce in mid- 2009. the mortgage remains in my ex-spouses name, although i 'own' the home and am responsible for all payments, taxes, etc. at the time the mortgage was executed my name was never included, on my husband's name.

my question: the 1098 mortgage interest statement is in his name only and will remain in his name until i can afford to refinance the mortgage.

i paid all property taxes, and the mortgage for all of 2009. technically i should be taking the deduction on my taxes. i am concerned that the official 1098 form does not list my name and i will risk an audit for the conflict.

is there a form that my ex- spouse can sign designating the transfer of the interest paid. please advise. thank you
Hi katsutton,

"The mortgage remains in my ex-spouses name, although I 'own' the home and am responsible for all payments, taxes, etc. At the time the mortgage was executed my name was never included, on my husband's name."
Since your ex-spouse's name is still on the mortgage, he is legally responsible for the mortgage payments. Thus, the form 1098 will be in his name and he has the right to claim the deductions for mortgage interest paid. Since you are not a co-borrower, you cannot claim the deductions even though you have made the mortgage payments. However, since your name is on the title, you are the legal owner of the property and you can claim the property taxes.
Posted on: 11th Feb, 2010 09:42 pm
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