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Can I take a full deduction of $16,000 (property taxes) on my tax return. ex-wife & I own the house she lives in as tenincommon

Albany, NY |
Filed under: Debt Tax return Tax law

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.

Attorney Answers 2


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.

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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.

Good luck.

Evan A. Nielsen

1255 W. Colton Ave., #506 | Redlands, CA 92374
Main: 909.363.4658 | Fax: 480.304.3211

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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.

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