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If i got the house, is the decree mandated rent he pays while living in the house taxable income I need to claim?

Temecula, CA |

in the decree it states he will pay rent in the value of half the mortgage payment for as long as he resides in the home. we are both living there and neither of us is getting any spousal support or alimony of any kind per the divorce decree.

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Attorney answers 1


The decree might spell out the characterization of payments, but it sounds like probably (a) his payment to you is income for you (but not a deduction for him) and (b) you probably get to claim the entire interest deduction for mortgage payments.