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During a Divorce if the Ex is awarded the house and yet the mortgage is not in there name, not on it, who can claim the mortgage interest?

The mortgage interest 1098 is mailed to the name of the person responsible for the mortgage. This is the only name on the mortgage. Who is entitled to claim the mortgage interest when doing taxes?
Mortgage Interest Deduction Divorce
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Caran Ebert, CPA
Who is paying the mortgage? The named mortgage holder or the ex?
Reply 364 weeks ago
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Question Owner
@Caran Ebert, CPA: The EX is making the mortgage payments. They ( the EX ) are not the named mortgage holder. The 1098 comes with only the mortgage holders name.
Reply 361 weeks ago
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Tax Professional Answers

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Amanda Bodkin, EA
The person entitled to claim the mortgage interest, per the IRS, is the person who is named on the mortgage and receives the 1098.

I had a case that was exactly the same, however it was the son paying the mortgage but he was not on the mortgage. He attempted to claim the interest, as technically, he was paying it, but due to the fact he was not on the mortgage, nor the deed, the IRS disallowed the deduction claim.

If you are the one paying it and are the sole person on the mortgage, you are the one allowed to claim it.
Leave a Comment 361 weeks ago

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Question Owner
Thank you for your reply. The mortgage holder is the only one named on the 1098. The mortgage holder does not make the payment.
Reply 361 weeks ago

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