Domestic Partner Added to Insurance and HSA and purchased a House together

[steph_allen]

In 2022 I added my heterosexual partner to my health insurance at work, and they funded the HSA account as a family with the full allowable amount for the year of 7,300.00. My question is are we required to file as married on our taxes this year to reflect the changes we made to our insurance and HSA account? 

Also, we purchased a house together in 2022. Both our names are on the mortgage but split ownership with the mortgage company as 50/50.

If we file separate induvial tax returns do we both add just the 50% of the house on our individual returns?

[NateTheGrEAt]

Hi @steph_allen and congrats on the new house!

A domestic partnership is not a marriage under the laws of any state I'm aware of. If you are not married, it is not allowed to file as married.  Having a family HSA plan or being on the same health insurance would not require you to file as married.

If you each paid half the cost of the mortgage and both live in the house, you are exactly right - you split the deductions for interest and taxes and each take half on your return. 

Be aware that only ONE person's SSN will be on the Form 1098 from the mortgage company - simply because there's only room for one number in that box. The person whose SSN is not on the form will need to report their share of the interest as "interest not on a Form 1098" because there is not Form 1098 with their name and SSN to match to. Otherwise, they might get a non-matching letter from the IRS asking for proof of the deduction.

Hope this information is helpful!