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lsh2114
Returning Member

Mortgage interest tax deduction for unmarried couple filing separately

My partner and I are unmarried and file separate individual tax returns. We bought a house in 2022. Both of our names are on the title. Both of our names are on the mortgage. The 1098 has both of our names and my partner's SSN. Mortgage payments are made from a joint checking account with both of our names on it, which is funded by each of us transferring approximately equal amounts from our personal checking accounts. 

 

I have read questions on this forum from other people with basically the same situation, who ask if one person can take the entire mortgage interest deduction. But I am confused because I see conflicting answers along the following lines:

 

1. The person whose SSN is on the 1098 may take the entire deduction

2. The person who SSN is on the 109 may take the entire deduction ONLY IF they paid for all of the mortgage expenses

3. The two mortgage/title holders MAY split the deduction according to how much they paid

4. The two mortgage/title holders MUST split the deduction according to how much they paid

 

Case 1 would be easiest for us: the person whose SSN is on the 1098 takes the entire deduction, and the other person takes the standard deduction. Are we allowed to do this even though both of us fund the account that pays the mortgage?

 

Or are we REQUIRED to split the deduction (Case 4) because we both fund the account that pays the mortgage?

 

I would appreciate help in clearing this up!

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1 Reply
DavidD66
Employee Tax Expert

Mortgage interest tax deduction for unmarried couple filing separately

You cannot take a tax deduction for something you did not pay.  You are each entitled to a deduction according to the amount that you paid.  Therefore, you each take a deduction for your half of the mortgage interest.

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