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

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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 10 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. 


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