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Jason(I'm new)I'm new
19 Apr 2026

I am seeking clarification regarding the tax treatment of interest deductions following a divorce property settlement.


My spouse and I currently jointly own two properties, both in our joint names (50/50) and with joint loans (50/50):

  • One principal place of residence (PPOR)
  • One investment property

As part of our divorce settlement, we have agreed that:

  • My spouse will retain full ownership of the PPOR
  • I will take full ownership of the investment property

The titles will be transferred accordingly under the property settlement, and we will also refinance the existing loans so that each loan is in a single name.


For the investment property, the current outstanding loan balance is approximately $500,000.


My question is:

After the divorce property settlement and refinance, will the interest on the $500,000 loan be fully (100%) tax deductible to me, assuming the property continues to be used as an income-producing investment? Or will only 50% of the interest remain deductible due to the original joint ownership structure?


Thank you for your assistance.

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YellowPotato(Taxicorn)Taxicorn
20 Apr 2026

I think it would be best to see a tax agent or get a private ruling from ATO


I think you would be able to claim all of the interest from the loan that relates to the purchase of the investment property (any top-up would not be deductible in relation to the pruchase of the property). I think it would be like this your ex-spouse most likely claims the relationship breakdown rollover, for CGT purposes it would be treated as if you purchased the property as a sole owner.

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Deductibility of Loan Interests After Divorce Property Settlement | ATO Community