Posted on: 07th Jan, 2009 05:44 pm
hi,
i dated a guy for five years and was married on sept 5 2008...and we bought a house with both our names on the loan. we closed on sept 12. in late oct, he quit lving here and moved back to his apt and decided he did not want to be married and is now seeing another girl. i have paid all the bills since we bought the house...we are getting an annulment and the papers have been filed at the court..we are jsut waiting for him to sign or something like that and then the lawyer said in about 30-60 days everything will be finalized. however, his name is still on the loan. he has said emphatically that he wants no part of the house. i told the lawyer i wanted to have an agreement written up that states he has no rights to the house including tax deductions since he has paid nothing for it. the lawyer said she could do that when everything gets ready to be finalized...since tax season is here, i am wondering if he might try to claim the house as a tax deduction if he files before i do....i understand that with the annulment, it is like two single people bought a house so he has no legal rights from marriage, but with his name on the loan....would a quick claim deed be a way to get his name removed from him being able to claim anything for taxes...we both agreed that when more equity gets built in the house, that is when we could refinance to remove his name from the loan. i am basically asking is there any way i can prevent him from claiming the house as a tax deduction quickly since the annulment will take another 30-60 days and he has paid nothing so he really deserves nothing.... signed worried and need an answer fast...thanks
i dated a guy for five years and was married on sept 5 2008...and we bought a house with both our names on the loan. we closed on sept 12. in late oct, he quit lving here and moved back to his apt and decided he did not want to be married and is now seeing another girl. i have paid all the bills since we bought the house...we are getting an annulment and the papers have been filed at the court..we are jsut waiting for him to sign or something like that and then the lawyer said in about 30-60 days everything will be finalized. however, his name is still on the loan. he has said emphatically that he wants no part of the house. i told the lawyer i wanted to have an agreement written up that states he has no rights to the house including tax deductions since he has paid nothing for it. the lawyer said she could do that when everything gets ready to be finalized...since tax season is here, i am wondering if he might try to claim the house as a tax deduction if he files before i do....i understand that with the annulment, it is like two single people bought a house so he has no legal rights from marriage, but with his name on the loan....would a quick claim deed be a way to get his name removed from him being able to claim anything for taxes...we both agreed that when more equity gets built in the house, that is when we could refinance to remove his name from the loan. i am basically asking is there any way i can prevent him from claiming the house as a tax deduction quickly since the annulment will take another 30-60 days and he has paid nothing so he really deserves nothing.... signed worried and need an answer fast...thanks
Hi worried,
As far as I know, one has to be legally liable for the loan in order to claim tax deductions. As both of you have your name on the mortgage note, then both of you can claim the tax deduction. But as he has not paid the mortgage, he will not have any kind of proof through which he will be able to claim the deductions. I don't think he will be able to claim the deductions.
Thanks
As far as I know, one has to be legally liable for the loan in order to claim tax deductions. As both of you have your name on the mortgage note, then both of you can claim the tax deduction. But as he has not paid the mortgage, he will not have any kind of proof through which he will be able to claim the deductions. I don't think he will be able to claim the deductions.
Thanks