Tax implications of foreclosed rental property where my name is on the deed (quit claim during divorce) but not on mortgage?

Asked over 1 year ago - Miami, FL

My ex-wife purchased property for rental/investment purposes prior to our marriage. During our divorce, she quit claimed the property to me, but the mortgage remained in her name solely. She declared bankruptcy a few years later, and the property went through foreclosure in 2012. Can I claim the property as a loss on my income tax this year? I had a Schedule E for the depreciation/rental loss the years prior to her bankruptcy but after our divorce.

Attorney answers (3)

  1. Bruce Givner

    Contributor Level 18


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . Ordinarily as an owner you could claim a loss to the extent that you invested in the property. It does not sound like you made any investment. Also, you would have to see how the property was handled in her bankrupcty. If she claimed ownership of 100% on her bankruptcy schedule, there would be nothing for you to take as a loss.

  2. Alicia Simone James

    Contributor Level 10

    Answered . I agree with attorney Givner. Please verify the information with your ex wife. You do not want to invite a tax audit because both of you claimed the same property.

    My comments are NOT LEGAL ADVICE. They are for informational purposes only. Actual legal advice can only be... more
  3. Preston Hall Oughton


    Contributor Level 11

    Answered . I agree with my colleagues. Avoid the tax audit.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton (904) 854-6336.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Facing Foreclosure During Divorce

Going through a home foreclosure in the midst of a divorce involves managing debt to try and avoid losing your home.

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