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Can I claim the mortgage interest deduction for my home office if only my spouse is on the loan but we're both on the title? We're MFS in a community property state.

For my self-employed business, I wasn't sure if I could claim the mortgage interest, property tax, and homeowner's insurance as home office deductions if only my spouse's name is on the mortgage loan and the 1098 form. We just bought the house last tax year and are both on the title and deed. Also, if I can claim, can I claim the whole amounts, or only half? Neither of us are getting the deductions for the mortgage interest, etc anyway since we are going the standard deduction route due to other benefits. So ideally, I would at least like to be able to deduct the proportion of expenses applicable to my home office, which does pass the exclusive use test.
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3 Replies
maglib
Level 11

Can I claim the mortgage interest deduction for my home office if only my spouse is on the loan but we're both on the title? We're MFS in a community property state.

@Salam1Haloum1  if you both live in the home and commingle your funds to pay them, then of course you can.  Just make sure your spouse is not also claiming them.  Just the total can be claimed in sum by both of you.

All the best.

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mscanadaexpat
Returning Member

Can I claim the mortgage interest deduction for my home office if only my spouse is on the loan but we're both on the title? We're MFS in a community property state.

Hello if I live with my registered domestic partner in a home that we're 1%/99% on the title but have co-mingled funds to pay expenses, can one of us claim 100% of the mortgage interest and the other 0%? 

KrisD15
Expert Alumni

Can I claim the mortgage interest deduction for my home office if only my spouse is on the loan but we're both on the title? We're MFS in a community property state.

You claim what you paid.

If the co-mingled funds can support one claiming 100%, that would be allowed. 

@mscanadaexpat 

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