ex-wife's home is owned by her and I as tenants in common on the deed.
I paid property taxes of $16,000 since she couldn't and a lein would have been placed on the property. I live in an apartment.
Estate Planning Attorney
You cannot deduct that amount but you can seek to have her pay her share of the taxes. If she does not want to, you can bring an action for a partition sale of the property. If she does not want to pay for the expenses of the property, you can force her to move and be done with her insofar as you are no longer co-owners of the property.
This answer is made for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party, any partnership, investment plan, arrangement, legal structure or other transaction addressed herein.
2 lawyers agree
There are several ways of claiming the property tax as a deduction against your income but because of the circumstances you describe, there's some complexity involved. Consult with a tax attorney or give us a call for the details.
Evan A. Nielsen
1255 W. Colton Ave., #506 | Redlands, CA 92374
Main: 909.363.4658 | Fax: 480.304.3211
Mention this post for a free consultation
Evan A. Nielsen is licensed to practice law in California. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.
1 lawyer agrees