Home and mortgage after divorce - Free advice

Questioner

I have a question. We lived together for a while, in a house bought in both names. Now we are separated and I have taken over the house in my name only, but I still receive the mortgage interest deduction from my ex-partner every month on my (formerly joint) account. I have indicated in the past several times that she should adjust this, but it does not happen. I do not feel like nagging about this anymore since the mutual relationship has become untenable. Should I expect to pay this back? Or is this just a mistake on her part and I don't have to worry about anything else? Thank you in advance!

Lawyer

If it is the interest deduction of your ex-partner, then you should take into account that you will have to pay this back. After all, you were both entitled to it and due to the relationship breakdown, this has to be split.

Questioner

We both received a separate amount. I my share, she hers, and I have since had this adjusted since the house is now solely mine. However, she did not arrange this with the BD, so on top of my higher interest deduction since the house is solely mine, I also receive her share deposited into my account. So they have always been two separate amounts. She is no longer entitled to them since she no longer has a house and they will be settled with the 2017 tax return. But that is her share. Not mine. I cannot change her account number either. In other words, it was always split, never jointly. Only her share is still deposited into my (previously joint) account.

Lawyer

If the house is now yours alone, you are entitled to full interest deduction. However, the tax authorities must have been notified of this by that date. I advise you to contact them or have them notified of this. If desired, I can assist you with this. Please contact me directly for free