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Tax Aspects of Divorce:Generally, one cannot deduct one's of utilities and maintenance expenses for a residence that is jointly owned. The deductibility of the mortgage interest and real estate taxes depend upon both the terms of the separation agreement and the form of ownership under local law.
"Table 2. Expenses for a Jointly-Owned Home" - (Publication 504, Divorced or Separated Individuals, 1998 returns)
Use the table below to find how much of your payment is alimony and how much may qualify as an itemized deduction.
| If you must pay all of the... | And your home is... | Then you can deduct and your spouse (or former spouse) must include as alimony... | And you can deduct as an itemized deduction... |
| Mortgage Payments | Jointly Owned | One-half of the total payments | One-half of the interest as interest expense (if the home is a qualified home)/1/ |
| Real estate taxes and home insurance | Held as tenants in common (undivided interest) (can designate to heir) (if divorced in Ohio, the joint and survivorship changes to tenants in common) ORC 5302.20(c)(5)/3/ | One-half of the total payments | One-half of the real estate taxes /2/ and none of the home insurance |
| Held as tenants by the entirely (does not exist in Ohio) or in joint tenancy (undivided with right of survivorship to other tenants pro rata)(if not divorced)/3/ | None of the payments | All of the real and none of the home insurance |
/1/ Your spouse (or former spouse) can deduct the other one-half of the interest if the home is a qualified home.
/2/ Your spouse (or former spouse) can deduct the other one-half of the real estate taxes.
/3/ Information about Ohio property titles is not in the Table and has been added.
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