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