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krob0523
New Member

I am on the deed for the property, but my fiancé is the only one listed on the mortgage. Can I claim mortgage interest or property taxes as deductions? She pays the loan.

The taxes are paid through the mortgage as well. We bought the home in March of 2017 with both of us on title, but only her on the mortgage. I pay monthly half of the mortgage to her and she pays the mortgage. Taxes were collected at closing. Is there anyway I can claim the interest or property taxes for the home as deductions to my taxes?

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3 Replies

I am on the deed for the property, but my fiancé is the only one listed on the mortgage. Can I claim mortgage interest or property taxes as deductions? She pays the loan.

The payer, who pays, can claim the deduction.  So since each of you split the two different expenses:  real estate tax and mortgage interest and where as a deed registrant you do have the real estate tax obligation, it would be logical for you, assuming you paid the tax, to be the one to report that deduction.

If this posted response is useful to you, please click on the upraised hand in the lower left of this post. Thank you. Scruffy Curmudgeon--PFFM/ IAFF, retired FireFighter/Paramedic - Locals 718/30, Veteran USAR O3 AIS/ASA '65-'67


NOT INTUIT EMPLOYEE
USAR 64-67 AIS/ASA MOS 9301 - O3

- Just donating my time
**Say Thanks by clicking the thumb icon in the lower left corner -it means nothing but makes those than answer feel wanted.
CathiM
New Member

I am on the deed for the property, but my fiancé is the only one listed on the mortgage. Can I claim mortgage interest or property taxes as deductions? She pays the loan.

It depends, the payer can claim the mortgage interest deduction IF he/she is also LIABLE for the mortgage.  If you were not a signer on the mortgage you are not liable for the loan.

Here below is a helpful excerpt from page 9 of IRS Publication 936 Home Mortgage Interest Deduction. 

"If you and at least one other person (other than your spouse if you file a joint return) were liable for and paid interest on a mortgage that was for your home, and the other person received a Form 1098 showing the interest that was paid during the year, attach a statement to your return explaining this. Show how much of the interest each of you paid, and give the name and address of the person who received the form. Deduct your share of the interest on Schedule A (Form 1040), line 11, and print “See attached” next to the line. Also, deduct your share of any qualified mortgage insurance premiums on Schedule A (Form 1040), line 13".

Click on this link  for further information about Mortgage Interest Deductions:  https://www.irs.gov/pub/irs-pdf/p936.pdf

I am on the deed for the property, but my fiancé is the only one listed on the mortgage. Can I claim mortgage interest or property taxes as deductions? She pays the loan.

Which was the point that I made that HE is on the DEED and therefore HE has the obligation, along with her, to pay the real estate tax.
If this posted response is useful to you, please click on the upraised hand in the lower left of this post. Thank you. Scruffy Curmudgeon--PFFM/ IAFF, retired FireFighter/Paramedic - Locals 718/30, Veteran USAR O3 AIS/ASA '65-'67


NOT INTUIT EMPLOYEE
USAR 64-67 AIS/ASA MOS 9301 - O3

- Just donating my time
**Say Thanks by clicking the thumb icon in the lower left corner -it means nothing but makes those than answer feel wanted.
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