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Old 04-25-2013, 11:56 PM
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mortgage interest deduction

I have been divorced for two years. In my divorce decree it states my wife keeps house and pays mortgage. The house is in my name alone and due to her bad credit she cannot get house in her name. No where in decree does it say she is required to get house in her name. My question is can she still file for mortgage interest deduction?

Hope to hear from you soon.
Neil Smith



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Old 04-26-2013, 02:07 AM
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I have been divorced for two years. In my divorce decree it states my wife keeps house and pays mortgage. The house is in my name alone and due to her bad credit she cannot get house in her name. No where in decree does it say she is required to get house in her name. My question is can she still file for mortgage interest deduction?”=============> The deed and the mortgage are two different things. The only surefire way to do this is to have the deed transferred to her and a new loan taken out in her name. The mortgage however, is up to the bank. UNLESS your name is on the mortgage, it is unlikely a court would require you to pay half of the mortgage. As long as both of your names are on the loan, the bank comes after you even though the decree states that she is the financially responsible one, but you in turn could sue her. I don’t mean each of you has to pay half of the payment. I mean if it does not get paid or paid late, both parties on the note get their credit hurt.As she is responsible for the mortgage pmts, she can deduct them on her return;she can deduct the mortgage interest she/others paid for her as long as she is responsible for the mortgage payments.



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