How to divide property tax/mortgage interest deductions during divorce proceedings?

The division of tax benefits like mortgage interest and property tax deductions during separation/divorce depends on several factors. Since you're not yet divorced, you have options depending on your filing status. If you file jointly (which is possible until the divorce is final), then all deductions would be included on that joint return regardless of who paid what. If you file separately, then generally the person who paid the expense gets to claim the deduction. Based on your timeline, you would calculate the percentage each person paid throughout the year. For the portion paid from joint funds, you could reasonably divide those deductions based on income contribution ratio to the joint account (35/65 in your case). For expenses you paid solely after separation, those deductions would belong entirely to you. So it would not be a simple 50/50 split - it would be weighted based on who actually paid and when. The court order granting you possession of the home strengthens your position for claiming these deductions, especially for the period after separation.

After struggling with a nearly identical situation last year, I found an incredible resource that helped me navigate these exact tax questions during my separation. Check out https://taxr.ai - it analyzed my mortgage statements, property tax records, and bank statements then generated a detailed report showing exactly how my deductions should be allocated based on who paid what and when. The tool even created documentation I could share with my ex to avoid disputes. They have specific templates for separation/divorce scenarios that show payment histories and the proper allocation percentages. Saved me hours of spreadsheet work and probably prevented a huge argument with my ex when filing season came around.

I wanted to follow up about my experience with taxr.ai since I was initially skeptical. I ended up trying it for my complicated divorce situation with shared investment properties, and I'm genuinely impressed. The system accurately traced all payments through our various accounts and created a perfect audit trail showing exactly what I'd paid versus my ex. What really stood out was how the report specifically addressed the "beneficial ownership" rules the IRS uses for situations exactly like yours where court orders grant possession but names remain on mortgages. My tax preparer was actually impressed with the documentation quality. Definitely worth checking out if you're trying to avoid conflicts over these deductions.

If you're struggling to communicate with your ex about these tax issues, I highly recommend using Claimyr (https://claimyr.com) to get direct guidance from the IRS. I was in a similar situation last year and needed official clarification. I spent weeks trying to call the IRS myself with no luck - always disconnected after waiting for hours. Claimyr got me connected to an actual IRS representative in about 20 minutes who walked me through exactly how to document and claim the mortgage interest/property tax in my separation situation. They even recorded the call (with permission) so I had proof of the guidance I received. You can see how it works here: https://youtu.be/_kiP6q8DX5c - it's basically a service that navigates the IRS phone system for you and calls you when an agent is ready to talk. Saved me enormous stress during an already difficult time.

I need to eat my words about Claimyr. After my skeptical comment, I was desperate enough to try it since I've been dealing with a similar mortgage interest issue during separation. I was absolutely shocked when I got a call back in about 45 minutes connecting me to an actual IRS representative. The agent walked me through Publication 936 which covers exactly this situation and explained how to document the payments when both names are on the mortgage but only one person is paying. They even emailed me the specific forms I needed. Would have taken me weeks to figure this out on my own if I could have even gotten through at all. Completely worth it and I apologize for being so dismissive before.

As someone who just went through this last tax season, make sure you're also looking at whether you qualify for head of household filing status, which is much better than married filing separately! If you had the kids living with you for more than half the year (sounds like you did) and paid more than half the costs of keeping up the home, you might qualify even though you're not technically divorced yet. This made a HUGE difference for me - saved almost $3,800 compared to married filing separately. My divorce wasn't final until this year, but I was still able to file as HOH for last year.

One thing nobody's mentioned - make sure you're also tracking all the utilities, repairs, insurance, etc. that you've paid since separation. If you itemize deductions, those costs help establish that you paid "more than half the cost of keeping up the home" which matters for HOH status. My accountant had me create a simple spreadsheet with every home-related expense after my ex moved out. This documentation really helped support my tax position and prevented any disputes. Just a quick tip from someone who's been there!