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Does it really matter? I'm being serious. The determination of who claims the mortgage interest (which is what I assume you mean by "claim the house") in their itemized deductions should be based on whatever is most beneficial for the couple... whatever lets the two of them considered together pay less taxes and retain more of their money. Generally, because the income tax is a progressive tax, it turns out that this will, in fact, be whichever of the two had a higher adjusted gross income.

Except in very special cases, if you're worried about this sort of thing, the "good" news is that it's probably the last year you'll have to worry: you'll likely be divorced before the issue comes up again.

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Q: Should the spouse earning more and paying the mortgage get to claim the house on their tax return?
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What can homeowners deduct on their taxes?

If you file a Schedule A and Form 1040 return you can deduct your Mortgage Interest, Property Taxes, and Mortgage PMI on your 1098 form from the bank or mortgage company.


Do you receive more tax return if you own your home?

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How can I get a loan for a home since my name is on the mortgage of the ex husbands house and in the divorce he is responsible to pay for it?

Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.


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How To Decide Between Paying Off Your Mortgage And Increasing Your Savings?

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