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Old 09-13-2010, 10:46 PM
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Tax & Mortgage before divorce is final

Hi,

Who's responsible for Mortgage & Property Tax payments if 1 spouse moves out of the property?

Thanks,
Tony


Last edited by tonyn123 : 09-13-2010 at 10:55 PM. Reason: Just ask 1 question for now.


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Old 09-23-2010, 11:28 PM
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It matter not, whether one of the spouse moves out, if that spouse was not the responsible party on the Loan, that person would be free and clear from any person liability. But, this appears to be a legal question and I would defer to an Attorney who would be more familiar with respect to the legal questions.

But, from the tax point of view, generally speaking, the spouse who is making both the mortgage and property tax payments, would generally be entitled to take the entire mortgage interest deductions and the claim the entire property taxes paid on the property.

But, this may depend also on whether or not you live in a community property state or not, and whether or not the spouse has separated or initiated a divorce.

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