Who deducts the mortgage interest after a divorce?

[Answered removed as incorrect]

@dlam123 

I think you have a big mess. It looks like a typical case of a divorce lawyer who doesn't know as much about tax law as he thinks he does.

Your ex-husband is now paying the mortgage and real estate tax for a home that he does not own or live in. As far as income taxes are concerned it doesn't matter if you reimburse him for some of it. He is making the payments. But he cannot deduct the mortgage interest or the real estate tax because he does not own the home. You cannot deduct the real estate tax because you are not paying the tax to the municipality (or to escrow). Giving money to your ex does not count as paying the tax, even if he uses the money that you give him to pay the tax.

For any mortgage interest or real estate tax that was paid before title was transferred to you, whoever actually paid them gets to deduct them.

I suggest that you arrange for a tax professional to work with your divorce lawyer to straighten out the mess, unless you are satisfied with neither of you being able to deduct the mortgage interest and real estate tax. You might need to have your divorce decree revised.

@Opus 17  They are no longer co-owners. Title to the home was transferred to the OP.

@dlam123 

No one can deduct the interest or taxes.

Your ex can't deduct them because he is no longer an owner of the home.  You can't deduct them because you don't pay them.

It would be allowable for you to deduct the interest and taxes IF your ex paid you, and then you paid the mortgage holder.