Can I deduct my 1/2 of my property tax payment if my wife has exclusive possession and pays the mortgage?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I deduct my 1/2 of my property tax payment if my wife has exclusive possession and pays the mortgage?

Neither party awarded alimony/spousal support. Real property decree gives ex-wife exclusive possession of the home and responsibility for the mortgage. Both parties pay 1/2 of property taxes Can I deduct this payment?

Asked on April 6, 2011 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I would strongly suggest that you seek help from an accountant in your area and bring with you a copy of your divorce agreement.  Although it seems to stand to reason that if you are paying half of the taxes you should also have the benefit of the deduction, one would really need to read the agreement as a whole to see what the intent behind it is and then check the tax code to see if it is possible to do as you want.  I am assuming here that you also are still the owner of the house and that is also a plus for you.  Get some advice in your area.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption