Can my son claim the mortgage interest deduction on his tax return if he is not on the mortgage but he is on the property and he pays all of the payments and taxes?

roncec1 · ‎June 6, 2019

My son has a separate checking account where automatic deductions from his pay check are deposited and the mortgage payments and real estate taxes are automatically take out each month.

Hal_Al · ‎June 6, 2019

Yes. Normally, you have to meet the rules, which are:

1. You are legally obligated to pay it

2. You actually pay it.

But, because he has an "equitable interest", in the property, he has a need to see that the mortgage and tax are paid. So, he qualifies. Being on the deed proves "equitable interest". The "equitable interest" doctrine has been up held by the tax court.

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Can my son claim the mortgage interest deduction on his tax return if he is not on the mortgage but he is on the property and he pays all of the payments and taxes?

Deductions & credits