Can my fiancé and I BOTH deduct the full mortgage interest rate on Form 1098? We are not married but co-own our home. Please reference IRS AOD: 2016-02

[jmevancho]

Example:

John and Jane are unmarried and co-own a home. Each file taxes separately. John claims the full $10,000 mortgage interest on the home they share. Can Jane also claim the full $10,000 mortgage interest since they are defined as un-married cohabitants?

[Patrice · Accepted solution]

No, you both cannot claim the full amount (100%) of the mortgage interest. However, if two or more persons are jointly and severally liable for a mortgage, each is primarily liable for that debt, and each is entitled to a deduction for the interest on that debt that he or she pays.  So if you two split the mortgage payment 50/50 then each of you would be allowed to claim 50% of the interest.  

[andrewcchung79]

What happens if we don't split 50/50.  My fiancee and I own a house but I pay all of the mortgage.  How does that work?