Can I claim my home if my partner and I are not married?

Lease?    Rent is not deductible on a federal tax return.   

 

RENT

There is not a rent deduction or credit on your Federal return.  If your state has anything for renters you will be prompted to enter your rent info when you complete your state return.  As far as I know, the states that have anything for rent are Arizona, California, Connecticut, Hawaii, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, Rhode Island, Vermont, Washington DC, and Wisconsin.

 

 

If you are both on the lease then you can each claim the amount you paid if you are in a state that has a credit.

Sorry, we own the home. We’re both on the deed/title. He would be HOH and i would file as single. Just not sure if we both claim the house. 

Ok ... same rules apply ... you each can deduct what you actually paid  however the person filing single would get a better result if itemizing is better than the standard deduction as the HOH stand ded is much higher so if you have separate accounts make sure the payment comes out of the account of the person claiming the deduction. 

You said "lease" which suggested that you are renters.   Be clear---do you own the home?   If you are both on the mortgage and/or deed then you may each claim the amount you paid in 2021 as an itemized deduction---but it might not have any effect.

 

And----"he will file as HOH"----are there children?   You cannot file as HOH unless you are supporting blood-related dependents.

 

HOMEOWNERSHIP DEDUCTIONS

 

It is very hard for a lot of people to use itemized deductions now that the standard deduction is so much higher.  Your home ownership may not have any effect on your tax due or refund, especially if you purchased the house late in the year.  

 

 

Standard Deduction

Your itemized deductions have to be more than your standard deduction before you will see a change in your tax owed or tax refund.  The deductions you enter do not necessarily count “dollar for dollar;” many of them are subject to meeting  tough thresholds—medical expenses, for example, must meet a threshold that is pretty hard to reach.  The software program uses all the IRS rules that apply to the expenses you enter, and it tells you if you have enough to use your itemized deductions or if using the standard deduction is more advantageous for you.  Under the new tax laws, some deductions have been capped—there is a $10,000 limit to the itemized deductions for state, local, property and sales taxes. 

 

2021 STANDARD DEDUCTION AMOUNTS

 

SINGLE $12,550  (65 or older + $1700)

 

MARRIED FILING SEPARATELY $12,550  (65 or older + $1350)

 

MARRIED FILING JOINTLY $25,100  (65 or older + $1350 per spouse)

 

HEAD OF HOUSEHOLD  $18,800  (65 or older +$1700)

 

Legally Blind + $1350

I corrected the question. We bought our home in November of 2020. We now have one child together. 

You did not ask about this---but just in case.....if all of you are living together as a family then only one of you can claim the child.   The other parent does not put anything at all about the child on their tax return.

Great! I appreciate you. After all this info you provided, ultimately, do I HAVE to claim our home? Can I just claim our child and he claim our home?

Per IRS rules, since you are not married, each of you can only claim the mortgage interest and property taxes that you actually paid yourself.