How can i claim house taxes/interest when my name is on the deed but not the mortgage?

[jamielynn41]

My Fathers and My name are on the deed, His name is on the mortgage not mine, I pay the mortgage, he does not claim the house on his taxes, Can I?

[view2 · Accepted solution]

Yes, if you’re a legal owner of the home and pay the entire mortgage, you can claim the full amount of mortgage interest  and taxes [if you paid]if you itemize on Schedule A.

You can deduct home mortgage interest if all the following conditions are met.

    1.You file Form 1040 and itemize deductions on Schedule A (Form 1040).

    2.The mortgage is a secured debt on a qualified home in which you have an ownership interest.

http://www.irs.gov/publications/p936/ar02.html#en_US_2013_publink1000229890

Taxpayers are responsible for deducting the correct amount of interest paid, 

[mer0d]

Hi Mikaki,

Can you explain the contradiction in your answer to the one pasted below and irs website link, Can you tell us where and provide a link that you must be on the mortgage in addition to being on the deed as a co-owner?

 Pasted response by someone else:

Yes, if you’re a legal owner of the home and pay the entire mortgage, you can claim the full amount of mortgage interest  and taxes [if you paid]if you itemize on Schedule A.

You can deduct home mortgage interest if all the following conditions are met.

    1.You file Form 1040 and itemize deductions on Schedule A (Form 1040).

    2.The mortgage is a secured debt on a qualified home in which you have an ownership interest.


Taxpayers are responsible for deducting the correct amount of interest paid,

[TaxGuyBill]

@mer0d :  I think you commented on the wrong post.  You just copied exactly what that answer to this post is.

View2's answer is correct.  If you own the property, you can deduct the mortgage interest that you pay, even if you are not on the mortgage.

[loavelife0905]

is there a form that the person on the mortgage needs to fill out for you to file the interest on your taxes?

[dydeanne55]

I cannot find in IRS information that clearly answers this question. The definition of a "Secured Debt" is one that "makes your ownership in a qualified home security for payment of debt." It also says "your" mortgage, not "any" mortgage.

[macuser_22]

@dydeanne55 - IRS Publication 530 page 4.
<a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/p530.pdf">https://www.irs.gov/pub/irs-pdf/p530.pdf</a>

1040 Schedule A instructions page A-7
<a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/i1040sca.pdf">https://www.irs.gov/pub/irs-pdf/i1040sca.pdf</a>

"Deductible Mortgage Interest

"To be deductible, the interest you pay must be on a loan secured by your main home or a second home. The loan can be a first or second mortgage, a home improvement loan, or a home equity loan."

It says nothing about whose name the loan must be in, only that *you* pay interest on a loan for a home that *your *own*.

[myken12357]

so my name is not mortgage but my name is on title and i have  paid the mortgage each month.  i claim the deduction.  this year i paid off the mortgage and lender sent a 1099-int which doesn't have my name on it.  do i report this income since i claim the deduction on mortgage interest and property taxes?