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I thought the $750,000 mortgage limit applies per person if the individuals that share the mortgage are not married (based on an IRS ruling). Is that true?

 
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3 Replies
DaveF1006
Employee Tax Expert

I thought the $750,000 mortgage limit applies per person if the individuals that share the mortgage are not married (based on an IRS ruling). Is that true?

No. The mortgage‑interest limit is not per person. It applies per residence, regardless of how many owners there are or whether they are married. That means two unmarried people do NOT each get a separate $750,000 limit. They must share one combined limit for the same property.

 

Even though the limit is shared, each co‑owner can deduct only the interest they actually paid, and only up to their share of the allowable mortgage limit. For example:

 

  • Two unmarried people jointly own a home with a $900,000 mortgage.
  • The allowable limit is $750,000 total, not $750,000 × 2.
  • Each owner applies the limit proportionally to their share of the debt and the interest they paid.

Here is the key language from Publication 936 (2025) in the reminder section in the opening paragraph of the publication.

“You can deduct home mortgage interest on the first $750,000 ($375,000 if married filing separately) of indebtedness.”

There is no section in Publication 936 that says unmarried co‑owners each get their own $750,000 limit. There is no section that says the limit is per taxpayer. There is no section that allows doubling the limit for two unmarried owners.

 

 

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I thought the $750,000 mortgage limit applies per person if the individuals that share the mortgage are not married (based on an IRS ruling). Is that true?

Disagree

@fredherpel 

for unmarried co-owners residence, the debt limits apply to each taxapayer, not to the property [Voss,116 AFTR 22d 2015-5529 (9th Cir. 2015)] the IRS announced that it will follow the Voss decision (AOD 2016-02)

 

summary of the UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

The panel held that the debt limit provisions of 26 U.S.C.
§ 163(h)(3) apply on a per-taxpayer basis to unmarried coowners of a qualified residence.

I thought the $750,000 mortgage limit applies per person if the individuals that share the mortgage are not married (based on an IRS ruling). Is that true?

I even looked at the big beautiful bill and didn't find any language which changed the courts ruling.  How do I do the return in Turbotax, since the limit of $750,000 is applied in every case?  Do I just divide the mortgage by each persons contribution?

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