Mortgage Interest and Property Taxes


#1

My wife and I are separated and I am paying child support under a temporary separation and support agreement. During 2016 my wife and I each paid half of the mortgage on our residence. I plan to file taxes as Married Filing Separately.

Recently I ran across the following statement on a n NC divorce site:

"But, if you own a qualifying home as “tenants by the entirety,” you can only claim property taxes and mortgage interest that you alone paid. "

My wife and I operated under a verbal agreement . I gave her a check for $1000 for my half of the mortgage each month she would deposit it in her account and then right a check to the bank. . Will this be enough to support my claim for one half on the mortgage interest and taxes or will I need more documentation?

Thank you


#2

Short of a written agreement, this is likely enough to prove you paid one-half of the mortgage payment if you can prove this was done each month.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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