Deductions

[LARosebud]

What is the name of your state (only U.S. law)? RI
My husband and I are filing separate returns. We own a home. But, my name is not on the mortgage. I am on the Title.
Can I claim the homeowner deductions on MY tax return even though my husband was the one who actually paid the mortgage?

 

[FlyingRon]

To deduct things you must be obligated to pay it and you must pay it.

Now as far as taxes, you are obligated to pay so that would meet the first step.
The mortgage interest I believe the IRS would also accept because it's on property you owe (even though you are not strictly obligated to the loan).
However you claim you didn't pay it, which fails the second test.

You could probably get away with it, if only ONE of the two of you makes the deduction.

 

[LdiJ]

To deduct things you must be obligated to pay it and you must pay it.

Now as far as taxes, you are obligated to pay so that would meet the first step.
The mortgage interest I believe the IRS would also accept because it's on property you owe (even though you are not strictly obligated to the loan).
However you claim you didn't pay it, which fails the second test.

You could probably get away with it, if only ONE of the two of you makes the deduction.

But the 1098 is going to come in her husband's name only, so that would raise a red flag to the IRS. She would not be able to prove that she paid it.

 

[davew128]

But the 1098 is going to come in her husband's name only, so that would raise a red flag to the IRS. She would not be able to prove that she paid it.

Particularly since she DIDN'T pay them.