Trying to refinance the existing mortgage by adding my son as a co-borrower, but not on the deed. He will pay for the entire mortgage and tax. Can he get tax benefits?

[lightnessofbeing]

I am the sole borrower of my current mortgage of my 2nd house. My son has lived there for the last 8 years, and will stay there in a foreseeable future. He has paid for the mortgage interest and taxes whole time. Since his name is neither on the deed and the mortgage, he could not get any tax benefits. I do not want to add his name on the need due to legal ramifications, however, want to refinance the existing mortgage with his name added as a co-borrower. If he will pay for the mortgage, taxes, and all maintenance costs, can he claim tax benefits without having his name on the need, but on the new mortgage?

[Carl]

When it comes to mortgage interest and property taxes, only those with a "legal obligation" to pay those things, can claim those things *provided* they actually pay it.

If your son is a named co-signer on the mortgage, then he can claim the mortgage interest if he actually pays it.

If you son is NOT listed on the deed of the property as an owner or co-owner of that property, then he has no legal obligation to pay the property taxes. Even if he pays them, he can't deduct them. Only you can, regardless of who pays them.