Can my ex-husband legally be granted 50% of property taxes and mortgage interest even if he is living in the home and claiming it as a deduction?

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Can my ex-husband legally be granted 50% of property taxes and mortgage interest even if he is living in the home and claiming it as a deduction?

Divorce decree says we spilt house profit 50/50 less home improvements, and that he shall remain in the home until sale. He’s telling me that I owe him 50% of property taxes and interest on the home from our divorce to current when the house sells.

Asked on April 15, 2011 under Family Law, Oregon

Answers:

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

Answered 10 years ago | Contributor

Are the terms that he states specifically listed in the divorce agreement?  Who is taking the mortgage interest and taxes as a deduction on their income taxes?  These factors fall hand in hand with the claims that he is making in the matter.  I would not agree to any of it first hand unless and until the other issues are resolved as well.  And really it is very difficult to state what to do here without being able to read your agreement first hand.  You should glance at it as well for these issues and then call your attorney in your divorce and ask him or her about the issue and what you should do.  He would have to bring you back to court to force this matter one way or the other.  Good luck to you.


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