I puchased a house with a former partner. I paid 1/2 of the mortgage for the years we earned the house, up to this year 2009. On her income tax for 2008, she claimed the full amount of deduction for the mortgage payments, even though I paid half. Her tax return is already filed. Is there anything I can do about this, to recoup for the deduction I expected to be able to take on my taxes?
2 Answers from Attorneys
If you can prove (documentation not words) that you paid 1/2 of the mortgage payments, then you should claim 1/2 of the interest paid and 1/2 of the real estate taxes paid. The IRS may contact both of you and the one who can prove their return positions should prevail.
If you can document that you paid for half, then you can take the deduction for half of the interest. Tell your partner he/she should amend the return to accurately show who paid for what or it may cause an IRS audit.
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