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c-dlewis
New Member

Can we use the home we live in for any deductions if we don't own it but pay for the mortgage and insurance

 
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3 Replies
Carl
Level 15

Can we use the home we live in for any deductions if we don't own it but pay for the mortgage and insurance

No. If your name is not on the deed or the mortgage, then you have no legal obligation to pay the property taxes or the mortgage payments.

Now there are exceptions that center around "vested interest". But since you asked a simple question and provided no other details, I've provided the simple answer.

 

Can we use the home we live in for any deductions if we don't own it but pay for the mortgage and insurance

There are some unusual situations where you could, but you would almost certainly get audited for claiming mortgage interest from a 1098 form in someone else's name, lose the audit, and have to appeal to the tax court, where you might win if the circumstances were correct.  It may be more trouble than it's worth.   

Anonymous
Not applicable

Can we use the home we live in for any deductions if we don't own it but pay for the mortgage and insurance

there is a concept called equitable ownership.  if you are an equitable owner you can deduct mortgage interest and maybe even the real estate taxes if you pay them even though you are not the owner of the property and are not on the mortgage.   with what little you provided I would say you aren't an equitable owner.  However, there may be important information you omitted.   The question of EO is often decided by the Tax Courts based on all the facts.   if you think you are an EO, consult a lawyer who can look at your situation as it compares to Tax Court decisions. 

as an example - in Phan, TC Summ. Op. 2015-1 the taxpayer provided clear and convincing evidence that he was the EO because he paid the mortgage, taxes, insurance, other bills associated with the property, maintained the property, and made improvements. 

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