Discussion Archives:Divorced couple- filing status, mortgage interest

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Discussion Forum Index --> Advanced Tax Questions --> Divorced couple- filing status, mortgage interest


Discussion Forum Index --> Tax Questions --> Divorced couple- filing status, mortgage interest

Sfbcpa (talk|edits) said:

15 March 2011
I have a client with a unique situation. They divorced on pleasant terms and shared their monies for all of 2010. In 2010 they did not live together for the entire year and finally divorced Dec 2010. They have 2 children. The husband earns more than double what the wife earns. They both deposited their paychecks into the same joint bank account and paid all bills out of there including the cost to maintain the family home and pay the mortgage, the cost to take care of the boys and the cost of the husband's apartment he was renting in 2010.

Is there a way the husband can claim the head of household filing status since he paid for most of the cost of keeping up the family home although he didn't live there at all in 2010? He lived in an apartment and the boys "probably" spent about 50% of their time there. It is really difficult to determine the lenght of time.

Or is it okay for the wife to claim head of household, although her husband made most of the money? This is a community property state and they commingled their money. Can she claim head of household even if her husband claims the mortgage interest and taxes on his tax return?

I figure it is definitely okay to let the husband deduct the mortgage interest and property taxes since his money paid for most.

Any suggestions?

Sfbcpa (talk|edits) said:

15 March 2011
Additionally, my thought is to let the wife claim head of household since the boys main home was there, since it is a community property state and they were technically married for most of the year, I believe those funds in that joint bank account can be considered half hers and therefore she can claim head of household since she could prove she provided more than half the cost of keeping up the home her boys lived in.

However, if we do it that way and with the Dad as single filing status does that preclude him from being able to deduct the mortgage interest and taxes? He is equally liable for the mortgage and taxes since he owned the home and is named on the mortgage.

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