Legal Question in Family Law in California

My spouse and I have filed for divorce and it will be final in January. We own a home that I am to keep in the settlement. We have been living separate since July and he has been paying the agreed upon payment of $500 (for 3 years) since July. I am currently working and living in that home. I have been in my job 2.5 years and have always claimed S1 for my with holdings. I would like to know if it would be better for me to file on my own or for us to file jointly? He wants to file jointly so that we can split any refund. How does it work with the house? Would we be better to file jointly (he changed his holdings to S1 in July (when we were separated) How would we handle the deduction for the house?


Asked on 1/09/12, 2:52 pm

1 Answer from Attorneys
Michael Schneider Family Law Center

As to the house, generally, whichever spouse is paying the mortgage, has the right to right off the deduction. You would also need to speak with a tax specialist to find out even if you still can file jointly. Good luck!

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Answered on 1/09/12, 3:19 pm


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