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OT tax question....

Posted on 2/12/15 at 12:04 pm
Posted by Tiger in Gatorland
Moonshine Holler
Member since Sep 2006
9084 posts
Posted on 2/12/15 at 12:04 pm
Divorce in 2014. Previously owned two homes. Each of us took one. House #2 was rented for half the year, then lived in after divorce. So hence there was marital income for that half of the year from the rent. Does that get split between us two?
What about full claim of mortgage interest? Split, or each take the deduction of the house we own at the end of the year?
Posted by Federal Tiger
Connecticut
Member since Dec 2007
7938 posts
Posted on 2/12/15 at 12:05 pm to
Money Talk may be a better option for you to get an answer/
Posted by OFWHAP
Member since Sep 2007
5416 posts
Posted on 2/12/15 at 12:05 pm to
Ask a tax professional please.
Posted by terd ferguson
Darren Wilson Fan Club President
Member since Aug 2007
108775 posts
Posted on 2/12/15 at 12:05 pm to
Claim all deductions for yourself... split all income w/ her.

Posted by The Spleen
Member since Dec 2010
38865 posts
Posted on 2/12/15 at 12:23 pm to
Was it not spelled out in the divorce decree?
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37153 posts
Posted on 2/12/15 at 2:05 pm to
Were the houses and the expenses and the debt joint? Or were you in a community prop state without a prenup?

Understand divorce atty doesn't want to give tax advice, but the decree should have spelled out how the money would flow. And if you can follow the money, you can figure out the tax implications.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 2/12/15 at 3:40 pm to
Divorce really complicates preparation of tax returns. The best solution for both parties is generally achieved if there is cooperation since some of the income and deductions will be allocated between the ex-spouses, and it will be beneficial to report on the tax returns as nominee amounts. It also helps avoid items going unreported, or partially reported through lack of communication.

It is likely too late to do anything about, but the party who took House #2 will have tax issues due to the depreciation allowed, or allowable, on House #2 while it was used as a rental property. That person will have gotten 50% of the benefit of the deduction for the depreciation, but that person will bear 100% of the burden for all depreciation recapture, and the lower adjusted basis resulting from the depreciation.

Divorce lawyers seldom want tax accountants involved in negotiating property settlements, but sometimes that can be detrimental to their client's interests.
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