Is there a way to claim our mortgage interest on our house with the loan still in my father in laws name? He has passed and it is ours now.

[user1868210]

We can't find an interest loan that's the same, all are higher and the bank won't transfer it over to our names. We haven't got credit for the last 3 years and would like to know if there's a form to fill out for this.

[Ashby · Accepted solution]

If you are paying the interest on the loan, it does not matter if the loan is in your father's name. This is a relatively common occurrence. As long as you have ownership interest, it is yours to deduct. There is not special form. You can fill out the 1098-INT section as if it was your mortgage.

I would encourage you to consider amending your prior years' returns and taking the deduction as well. You may be able to get a substantial amount of money back.