topic If I pay the Mortgage and the taxes but the loan is under my fathers name (im paying the loan)and I am on the deed can I still file 1098? in Deductions & credits

If I pay the Mortgage and the taxes but the loan is under my fathers name (im paying the loan)and I am on the deed can I still file 1098?

jeanettef119 — Mon, 23 Feb 2026 12:40:04 GMT

I pay everything but his name is the one on the 1098 form Can I file it

Re: If I pay the Mortgage and the taxes but the loan is under my fathers name (im paying the loan)and I am on the deed can I still file 1098?

leeloo — Mon, 13 Feb 2023 15:34:24 GMT

No, you are not liable for the debt, your father is.

Who gets to take the deduction?

You do, if you are the primary borrower, you are legally obligated to pay the debt and you actually make the payments. If you are married and both you and your spouse sign for the loan, then both of you are primary borrowers. If you pay your child's mortgage to help them out, however, you cannot deduct the interest unless you co-signed the loan. You can however make gifts to them so that they can make the payments and deduct the interest.

From <https://turbotax.intuit.com/tax-tips/home-ownership/deducting-mortgage-interest-faqs/L4a9KF9mI>

Re: If I pay the Mortgage and the taxes but the loan is under my fathers name (im paying the loan...

MinhT1 — Mon, 13 Feb 2023 18:50:28 GMT

If your name is on the deed and you actually paid the mortgage, then yes you can deduct mortgage interest even if your name is not on the mortgage.

The rule of equitable ownership provides that even if a taxpayer is not directly liable on a bond or note secured by a mortgage, the taxpayer may nevertheless deduct the mortgage interest paid if he or she is the legal or equitable owner of the property subject to the mortgage.

In certain cases, you don't even need to be on the deed. If the taxpayer is not the legal owner of the residence but can demonstrate “equitable ownership,” he or she will be entitled to the mortgage interest deduction. In Uslu , T.C. Memo. 1997-551, the Tax Court held that, because the taxpayers were able to prove that they had the benefits and burdens of ownership of a residence, they were the equitable owners of the residence and therefore under Regs. Sec. 1.163-1(b) were entitled to the mortgage interest deduction.

You can also deduct property taxes that you actually paid.

Edited on 02/13/23 | 10:42 AM