Can I claim 100% of my mortgage interest and property taxes if the mortgage is only in my name, but the deed also has my boyfriend's name on it?

[akloos14]

The mortgage and 1098 are in my name. Both of our names are on the deed. I make the payments from a joint account that he contributes to. I would like to claim 100% of the deductions, and he will therefore not be claiming these deductions when he files his return.

[MichaelL1 · Accepted solution]

Yes, see my response to this question earlier.

https://ttlc.intuit.com/replies/5698669

[akloos14]

Thanks Michael! This is helpful. I saw many answers out there related to this topic, but I am specifically trying to confirm that it's okay I claim 100% of the mortgage interest and property taxes even though I make these payments from a joint account we both contribute to (only my name is on the mortgage and thus, the 1098). This would be a 100-0 split as you mentioned. I have seen varying answers out there and just want to make sure this okay to do from a legal standpoint.

[akloos14]

@TurboTaxMichaelL1 ^

[MichaelL1]

A general rule of thumb is the person paying the expense gets to take the deduction. In your situation, each of you can only claim the interest that you actually paid.--When you pool the money you can use other person's money to pay for utilities, food, entertainment, etc, so even when it is a joint account and money is co-mingled, you can legally say that your money used 100% for the mortgage.

[MichaelL1]

It would be better however if you put the money to pay the mortgage in a separate account paid by you, and then you could clearly show IRS that you actually paid 100% should you ever be asked.

[akloos14]

Thank you again @TurboTaxMichaelL1 very helpful!!