Legal Question in Real Estate Law in Washington
tax write offffor interest paid
If I was married and my husband made the payment on our residence, which the loan was in his name only. We are now divorcing and he wants to file taxes separately. Can we split the interest and taxes paid?
1 Answer from Attorneys
Re: tax write offffor interest paid
The house may be community property if the payments were made by community funds such as his wages.
Whether he wants to file taxes separately is a question for a CPA. generally, you get the best rate married filing jointly, and you are entitled to half the refund whether he files separately or you file jointly, because the earnings that created the tax refund are also community property.
Whatever agreements you reach are enforceable. If you don't have counsel yet, it is time to lawyer up.
Elizabeth Powell
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