Legal Question in Tax Law in Massachusetts

I currently onwn a home with an ex and she is not willing to sign over the deed so the home is in my name only. She has not lived there at all this year nor has she paid any money towards the mortgage this past year and tells me the only way she will take her name off the deed is if i let her claim the house on her taxes this year. then and only then will she sign the house over to me. Is there anyway we can split the intrest on our taxes. what are my options

Thanks for you help.


Asked on 12/31/09, 8:46 am

1 Answer from Attorneys

First, the ownership of the home and treatment of the taxes should be in your Separation Agreement.

Second, I would not make any agreement unless it is in writing and the deed is provided to you for recording.

Third, as Tenants in Common you each have a responsibility to pay interest in taxes although since she is not living there she could argue your payment of taxes and interest are appropriate.

Fourth, you can agree between yourselves as to the deduction for interest and taxes by written agreement.

I would contact an attorney to review your separation agreement and/or divorce decree and deal with the deed issues.

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Answered on 1/05/10, 8:55 am


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