Can I claim mortgage interest deduction while separated but still married?
I'm in a complicated situation with my estranged spouse regarding our taxes. We're still legally married but have been separated for about 8 months now. I found out she claimed the entire mortgage interest deduction on her taxes (she filed as married filing separately). The problem is that I paid roughly 75% of the mortgage payments last year from my salary, which was about 3 times what she earned. We had a joint checking account during that period, but looking at our spending habits, she mainly used her income for personal expenses and things for her kid from a previous relationship. I have bank statements showing my direct deposits going toward the mortgage payments. I'm wondering if I have any recourse here since I was the one who actually paid most of the mortgage. Can I file an amended return to claim the deduction? Would I need to provide proof that I made the payments? I don't want to claim her child as a dependent or anything like that - I just want the tax benefit for the mortgage payments I actually made. Any advice would be greatly appreciated!
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Hugo Kass
This is a tricky situation, but there are some things you should know about mortgage interest deductions when you're married filing separately. When you're married filing separately, typically the person who actually made the payments gets to claim the deduction. Since you paid 75% of the mortgage from your income, you should generally be entitled to claim 75% of the mortgage interest deduction, while your spouse could claim 25% (assuming you can properly document who paid what). If you have documentation showing that your income went toward the mortgage payments, like bank statements showing transfers or mortgage payments coming from your deposits, you have a strong case. You could file an amended return (Form 1040-X) to claim your portion of the mortgage interest deduction. Keep in mind that if the home is jointly owned, the IRS default position is that the mortgage interest would be split 50/50 unless you can show otherwise with documentation. Your bank statements showing the source of funds will be important here.
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Nasira Ibanez
•If they amend their return to claim the mortgage interest, won't that trigger some kind of flag with the IRS since the spouse already claimed it? Would the IRS just automatically reject the second claim or would they have to go through some kind of audit process?
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Simon White
•Thanks for the detailed response. So it sounds like I should gather my bank statements showing my income deposits and the mortgage payments coming out of that same account. Would text messages or emails where she acknowledges I was paying the mortgage help my case too? Also, how far back can I file an amended return? This was for last year's taxes.
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Hugo Kass
•Yes, it could potentially trigger a review by the IRS since the same deduction would be claimed twice (at least partially). The IRS might send notices to both taxpayers asking for documentation. They wouldn't automatically reject either claim without investigation. Any documentation that helps establish who actually paid the mortgage would be helpful. Bank statements showing your deposits and the mortgage payments are primary evidence. Text messages or emails acknowledging you paid would be supporting evidence. And yes, you generally have 3 years from the original filing deadline to file an amended return, so you have plenty of time for last year's taxes.
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Khalil Urso
After dealing with a similar mortgage interest issue with my ex, I found this amazing tool called taxr.ai (https://taxr.ai) that literally saved my sanity during tax season. It analyzes your financial documents and helps determine who paid what - super helpful in cases like yours where you need to prove payment history. I uploaded our bank statements, and it separated our contributions and calculated exactly what percentage of the mortgage interest I could legally claim. It was so much easier than manually going through statements trying to track every payment! The tool also helped me prepare the documentation I needed for my amended return, which made the process WAY less stressful. When the IRS requested proof, I already had everything organized.
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Myles Regis
•How does it work with joint accounts though? If both people's income goes into the same account, can it still figure out who paid what portion?
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Brian Downey
•Does this thing actually communicate with the IRS or is it just for organizing your documents? I'm skeptical of anything claiming to make dealing with the IRS easier lol.
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Khalil Urso
•For joint accounts, it actually tracks deposit sources and can attribute payments based on whose income went in before payments were made. It uses AI to analyze transaction patterns and can distinguish between different income sources even in a shared account. This was exactly my situation - we had joint accounts but it clearly showed my direct deposits were funding the mortgage payments. It doesn't communicate directly with the IRS - it's more of an analysis and documentation tool. It organizes everything and creates reports you can use if you need to respond to the IRS. I was skeptical too, but when I got that IRS letter asking for documentation, having everything already analyzed and organized saved me hours of stress and probably prevented me from making mistakes.
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Brian Downey
Just wanted to follow up about my experience with taxr.ai! I decided to try it after asking about it here, and wow - it was actually legit. I uploaded our joint account statements and it tracked my income sources vs my spouse's. The tool showed that 82% of the mortgage payments came from my income even though we had a joint account. It generated a really detailed report that I included with my amended return claiming my portion of the mortgage interest. I was honestly surprised how easy it made the whole process. Definitely recommend it if you're in a similar situation with separated finances but joint accounts.
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Jacinda Yu
If you're planning to dispute this with the IRS, be prepared for a long wait trying to reach someone. I spent literally WEEKS trying to talk to a human at the IRS about a similar situation last year. After dozens of calls and hours on hold, I found this service called Claimyr (https://claimyr.com) that got me connected to an actual IRS agent in under 20 minutes. They have this interesting system that basically navigates the IRS phone tree for you and holds your place in line. You can see how it works in this demo: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with was actually super helpful and walked me through exactly what documentation I needed to submit with my amended return to prove I made the mortgage payments. Saved me so much time and frustration compared to figuring it out on my own.
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Landon Flounder
•How does this actually work? Aren't they just calling the IRS for you? Couldn't you just do that yourself? Seems weird to pay someone else to make a phone call.
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Brian Downey
•Yeah right, NOBODY gets through to the IRS in 20 minutes. I spent 3 hours on hold last time I called and then got disconnected. This sounds like a scam to get desperate people's money.
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Jacinda Yu
•They don't call for you - they use technology to navigate the IRS phone system and hold your place in line. When an agent is about to pick up, you get connected directly. It's basically a way to avoid spending hours on hold yourself. I was extremely skeptical too! I had already tried calling the IRS seven different times and never got through. The longest I waited was 2.5 hours before being disconnected. With Claimyr, I was literally connected to an IRS agent in 17 minutes while I was making dinner. The technology actually works - it navigates the phone tree automatically and holds your place. When someone is about to answer, you get a call connecting you directly to the agent.
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Brian Downey
I need to publicly eat my words about Claimyr. After posting that skeptical comment, I was still stuck trying to reach the IRS about my amended return questions. Out of desperation I tried the service, and I'm shocked to admit it actually worked exactly as advertised. Got connected to an IRS agent in about 25 minutes while I was watching TV instead of burning a whole day on hold. The agent confirmed exactly what documentation I needed to submit with my amended return to claim my portion of the mortgage interest deduction. For anyone dealing with this married-but-separated mortgage interest issue - getting direct answers from the IRS saved me from making mistakes that could have delayed my refund by months.
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Callum Savage
Just a heads up - when you're married filing separately, there are a bunch of other limitations beyond just the mortgage interest deduction. You lose a lot of credits and deductions when you choose MFS status. Have you considered whether filing jointly might be better overall, even with this mortgage interest situation?
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Simon White
•We're definitely not in a position to file jointly given our separation, and I think we're past the point where we could amend to file jointly anyway. She's already filed her return claiming the full mortgage interest deduction, so I'm just trying to figure out if I can amend mine to get my fair share of it. But thanks for pointing that out!
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Callum Savage
•That makes sense. Just wanted to mention it since some people choose MFS without realizing all the limitations. If you're separated and can't coordinate filing jointly, then focusing on getting your fair share of the mortgage interest is definitely the way to go. Good luck with the amendment!
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Ally Tailer
When I went through my divorce, I learned you can actually request your ex's tax transcripts from the IRS if you filed a joint return in any previous years. Might be helpful to see exactly what she claimed so you know what you're dealing with.
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Aliyah Debovski
•That's not entirely accurate. You can't just request someone else's tax information, even an ex-spouse. You only have access to the joint returns you filed together. For years you filed separately, those are protected by privacy laws.
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