aztchr

So today I received the mortgage interest statement for taxes.
It's in both of our names, but mailed to me. We will be splitting the taxes just like everything else when we sold the house in June.

Do I call the mortgage company to see if they sent my ex a statement at his new address, too, or do I just file with half the amount and have no contact at all with my ex or the company?

best

I filed joint because we were splitting the taxes. I figured out the taxes if done separate and we split them by % of the total. File joint, you get more most cases. The check was direct deposit into my account so I had control over getting my share with no problem. (wouldn't have been a problem in my case anyway)

Two contacts... he signs and a few weeks later, he gets a check.
If my thinking is correct... you file joint or only one can use the deduction. You can't share the deduction. I would file separate and use the deduction if he won't file joint. His problem if he uses it as well. You have the paper in hand.

dollydo

If you are not filing jointly for last year, take your half on your taxes. I don't know your cirumstances but in order to file jointly for 2006 you would have to be married through Dec 31st.

best

By doing your taxes twice..once without the deduction and then do it with..you will know how much more you would get back in taxes and you could send him a check for half of the difference if that is your wish.

lostnotfound

That is correct. If your divorce was final by December 31st, you CANNOT file a joint return. You will file as single or head of household depending on your situation.

Jazzman

As I recall you guys were not married. I would see if your ex BF got a copy as well. Either call the mort. CO or your ex BF. Last years tax returns should be the last remaining detail... right? Hopefully he files honestly and not try to take the entire deduction for himself?

dayxday

Please keep in mind the IRS has rules and regulations about these things. I would suggest having a qualified tax accountant prepare your taxes or speak with the IRS and make sure you are covering yourself. Even if it costs more to file this year, better to pay now than deal with a headache later.

Unless you file a joint return, only one of you can claim the deduction. There is nothing stopping him from calling the mortgage company and asking for a duplicate copy to be mailed to him. If he verbally agrees to let you claim it and you don’t have anything in writing to protect yourself and he claims it too it will be a huge headache. It can take the IRS up to 3 years to figure out that 2 people claimed the same deduction.

Was the interest deduction addressed in any legal papers? If not, and trust for getting your share is a concern, I would contact the ex, let him know you would like to figure your return both with and without the deduction and will give him ½ of the difference.

I would also ask him to sign a letter as to what you agree upon and tell him you will also give him a signed note agreeing to pay him his 50% upon receiving the refund. Keep a copy of his signed letter and a copy of the cancelled check proving you paid him with your tax return.

aztchr

We were not married. I guess I'll call the mortgage company and ask them if he received a copy, too. I might have to have contact with my exbf just to take care of this.

dayxday

Hi aztchr
From reading the post, I thought you were divorced. I know there are other situations that apply when there is more than 1 borrower on a loan so I checked the IRS website.

Go to the IRS website irs.gov and enter a search for publication 936 - if you scroll down about halfway through the page there is a reference to "more than one borrower" with information and instructions on how to file.

Please check with the IRS or a tax accountant, but if I am reading this correctly, you can claim your 1/2 of the interest on your return and then just write in his name and info, explaining what you are doing.

I hope this is the answer for you, then there would be no reason to contact him if you don't want to.

aztchr

Thanks! I found the info. and read it the same way you did, Day.
I document everything and this will definitely help!

I did leave a message for my ex...I said the purpose of my call is regarding a tax paper I received in the mail and he could call a leave a message with a time he would be available to discuss it.

If he doesn't call, I'll do what I need to do when I'm ready.

aztchr

I didn't say the last part on the message to him. Just thinking aloud...