Yes, you can if you are considered to be an "equitable" owner in the property. However, the ONLY way you can do this is if
you are living in the home and treating the home as your own (see below for the IRS Reg.). This means
also paying the primary mortgage, taxes, etc. too.
This is called having an
"equitable" interest in the property.
"Treas. Reg. § 1.163-1(b)
permits a deduction for interest paid on a mortgage when a taxpayer is the
legal or equitable owner of the property, even though the taxpayer is not
directly liable for the mortgage."
A taxpayer becomes the beneficial or
equitable owner of mortgaged property (allowing him to deduct mortgage interest
on that property) when he assumes the benefits and burdens of ownership.
Whether, and when, this has occurred is determined under state law, on a
case-by-case basis.
In determining whether the benefits and burdens
of ownership have been transferred to a taxpayer, the Tax Court often considers
whether the taxpayer (1) has a right to possess the property and enjoy its use,
rents, or profits, (2) has a duty to maintain the property, (3) is responsible
for insuring the property, (4) bears the property's risk of loss, (5) is
obligated to pay the property's taxes, assessments, or charges, (6) has the
right to improve the property without the owner's consent, and (7) has the
right to obtain legal title at any time by paying the balance of the purchase
price. "
Who Can I Claim as a Dependent?
https://ttlc.intuit.com/replies/5187060
