Can someone claim tax deductions on my property when only my name is on the deed?

If his name is not on the deed and he didn't pay the property taxes, then no, he cannot legally claim the property tax deduction. Only the legal owner who actually paid the expense can claim it. For documentation, you should have: - A copy of the deed showing only your name - Proof of property tax payments (receipts, bank statements, etc.) showing you made the payments - Your divorce decree that shows the house was awarded to you If you're concerned about a potential audit, just keep these documents organized. You might want to attach a note with your return explaining the situation. The IRS systems will likely flag the duplicate claim since you'll both be trying to deduct the same property taxes. If he files first, your e-filed return might be rejected. In that case, you'd need to paper file and include an explanation letter with your documentation.

I had a similar issue trying to understand property tax deductions after my divorce. All the IRS documentation is so confusing! I was spending hours researching and still wasn't sure who could claim what. I ended up using taxr.ai and it was so much better than trying to piece everything together from random forum posts. It analyzed my situation and gave me clear answers about my specific case - what I could claim, what I couldn't, and what documentation I needed to have ready. Saved me hours of research and probably prevented an audit! https://taxr.ai

After my divorce, I had a similar issue with property tax deductions and couldn't get an answer from the IRS. Called for weeks and could never get through. Finally found this calling service called Claimyr (claimyr.com) that got me past the phone tree hell and connected to an actual IRS agent. The agent confirmed that only the person on the deed who paid the taxes can claim the deduction. Getting that official answer from the IRS gave me peace of mind when filing my return. Talking to a real person solved my problem in 20 minutes after weeks of frustration.

Actually, he might be able to claim it if he can prove he paid the taxes, even if he's not on the deed. The IRS cares about who PAID not whose name is on a piece of paper. Did he contribute to any of the payments? If you're using joint funds to pay, that could complicate things.

exs are the worst. mine tried to claim our kids the year after divorce even tho they lived with me full time. the audicity of some people 🙄

check the divorce decree! sometimes there are specific clauses about who gets to claim what tax benefits. if there's nothing specifying he can claim property taxes, and your name is the only one on the deed, AND you paid all the taxes... then he's 100% in the wrong. but save all documentation just in case.

I would immediately file Form 14039 (Identity Theft Affidavit) with the IRS!!! This is fraud and could mess up your return and credit!!

Does your ex have any ownership interest in the property at all? Even if his name isn't on the deed, if he contributed to the purchase or has some equitable claim under your state laws, things could get complicated. You might want to consult with a tax attorney to be safe.

In addition to what others said, if you both try claiming the same property tax deduction, there's a good chance the IRS computers will flag both returns for review. When that happens, whoever has the documentation will win. Just make sure to respond quickly to any IRS notices.

Have u tried talking to ur ex about this? Sometimes a simple conversation can prevent tax headaches. If he knows ur aware of what he's doing, he might back down.

I work in real estate and see this all the time after divorces. If your name is the only one on the deed AND you paid the property taxes from your own separate account, then legally the deduction belongs to you alone. Your ex is trying to pull a fast one.

If you're really worried about this, you could get your property tax transcript from your local tax assessor's office. It will show exactly who paid the taxes and when. This plus the deed should be all you need if questioned.

The IRS rules are super clear on this. Publication 530 states that you can only deduct property taxes you actually paid on property you own. If you meet both criteria and he meets neither, there's no grey area here. He's flat out wrong.

My ex did this exact same thing!!!!! It was a huge mess and delayed my refund. I finally managed to reach someone at the IRS using Claimyr and they helped me straighten it out. I provided my deed and payment records, and they denied his claim. But it took MONTHS. Start gathering your proof now just in case!

the irs is so broken man. you and your ex both gonna be fighting over whos right while the irs just sits on your returns for 9 months doing nothing 😂

I'm a tax professional and see this scenario frequently. Since you have sole ownership (deed in your name only), paid all the taxes from your personal account, and your divorce decree explicitly awards you the house and related tax benefits, your ex has absolutely no legal basis to claim those deductions. The IRS will require proof of both ownership AND payment. You have both - he has neither. Keep your documentation organized: the deed, divorce decree, and payment records (bank statements, canceled checks, etc.). If both of you claim the same deduction, the IRS computers will likely flag it and send correspondence to both parties requesting documentation. Respond promptly with your proof and his claim will be denied. Don't worry about filing first - just file correctly and let the system work. One tip: consider adding a brief explanatory statement to your return noting the divorce and that you're the sole owner/payor to help prevent any confusion during processing.

This is such a frustrating situation! I went through something similar during my divorce where my ex tried to claim deductions he wasn't entitled to. From what you've described, you're absolutely in the right here - you have sole ownership via the deed, you've been making all the payments from your personal account, and your divorce decree explicitly gives you the house and related benefits. I'd recommend keeping a file with all your key documents together: the deed showing only your name, your divorce decree (especially the section about the house), and all your property tax payment records from 2024. If the IRS flags both returns for review, having everything organized will make the resolution much faster. One thing that really helped me was getting a property tax payment history from my county assessor's office. It shows exactly who made each payment and when, which was ironclad proof when the IRS reviewed our case. Don't stress too much about this - the IRS deals with these post-divorce disputes all the time, and they're pretty good at sorting them out when the facts are clear. Just file your return correctly and keep your documentation handy. Your ex is going to have a very difficult time explaining why he thinks he can claim deductions on property he doesn't own and taxes he didn't pay!