QUESTION
Can she claim the house without my approval since I am the primary account holder?
Asked on Jan 27th, 2013 on Taxation - California
More details to this question:
My Ex and I own a house. I am the primary account holder. I signed over the title to her and her husband who both reside there now. My name is still on the note. We have 2 kids together which she has majority custody. This year she decided she was going to claim both kids and the house.
2 ANSWERS
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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I do not know what you mean by "claim the house." If she is not paying the interest on the mortgage, then she has no right to deduct it from her taxes.
Answered on Jan 28th, 2013 at 5:37 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If she (with her husband) provides a majority of the economic support for each child, then she gets to claim them as dependents. If she pays the interest and taxes on the house, then she gets to deduct same.
Answered on Jan 27th, 2013 at 6:23 PM