My fiance and i bought a house this year and both of our names are on the 1098 form but only his social security number. It would benifit us more if I claimed it and he did not .Can I claim this and not have him file for it evem though we are not married?

[Marketstar · Accepted solution]

In order to deduct mortgage interest and property taxes, there are two requirements.

1) You must actually pay the interest and the property taxes.

2) You must be legally liable for the debt or hold title to the property.

If you are both legally liable for the mortgage or both hold title, and make equal payments, you should each deduct 50% of the mortgage interest and property taxes. 

In other words, you should deduct according to your liability/ownership and the dollar amount of the deduction you actually paid .