My wife and I have been living for the past 5 years in a house owned by my in-laws in a rent-to-own situation.
The cost of the 'rent' was the same as the cost of the mortgage. We've also been the ones responsible for all utilities and repairs. My in-laws received the payment and paid the bill.
My father-in-law passed away last year (Spring 2022). My wife and I went through an Assumption of Promissory Note process (Summer 2022). Here, we became the responsible party for paying the mortgage. Rent-to-own was done. Cost of house was $60,000 at purchase (a huge fixer upper) with a 0% interest seller-financed mortgage. Balance of house was ~$30,000 at Summer 2022.
It was only in the past few weeks that I realized our name was not updated on the Title / Deed (Arizona). We went through a title company and the title / deed has been transferred to our name.
I've read recently about equitable ownership. I'm trying to understand what I can claim on our 2022 taxes. Because it's 0% interest, there will be no mortgage interest deduction. But there were energy efficiency upgrades.
We did not pay my mother-in-law anything to buy her out. We just took over the responsibility to pay the mortgage. The deed transfer was from my Mother-in-law. The Title agency that is filing the papers called it a simple deed transfer without escrow. We were legally allowed to do the Assumption because of the passing away of my father-in-law. She is the executor of his estate and it was fully jointly owned.
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You may have some deductions and some credits available to you. First, any real estate taxes you paid in 2022 whether as part of closing or after closing will be an itemized deduction. The purchase price for the home will be your cost basis should you ever sell the home.
Next, you mentioned energy efficiency upgrades. Some or all of those may qualify for Home Energy Credits if completed in 2022. Carefully go through the "Home Energy Credit" topic in the "Your Home" dropdown menu under "Deductions and Credits." Click the "Learn More" links along the way to get detailed information on each potential credit item.
Note: Since the home is jointly owned by you and your wife and you both lived in it and are filing a joint return, then in the "Home Energy Credit" interview you will select "No, the home is mine" when asked did you share ownership.
But the title / deed transfer only recently took place (February 2023), so the county property tax recorder is only now being informed of the change.
And I'm nervous that the purchase price for the home is $0.00, because we assumed the mortgage.
Since you were "renting" the home up until February of this year, you would not be eligible for the Home Energy Credit. The credit is only available to homeowners. So, any improvements made in 2023 you could claim when you file your 2023 return, however, for 2022, if you did not own the home at all, you would not be able to claim the credit.
Thank you. I suppose "What are my basis points" is a question for another day. We do intend to stay for at least two more years and I am not worried about capital gains implications.
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