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Julian Paolo

How do unmarried co-owners split mortgage interest and property tax deductions on Form 1098?

My partner and I own a house together (both names on title), but we're not married. We each pay our share of the mortgage and taxes. We just got our Form 1098 and both our names are on it, but not my Social Security number. We file taxes separately since we're not married and neither of us has dependents. Here's what's weird - I ran the numbers and realized it would actually save us more money overall if my partner claimed 100% of the mortgage interest and property taxes on her return. If we split it 50/50, we'd end up paying more in total taxes as a household. This feels like a no-brainer financially, but I want to make sure we're doing this legally. Can my partner claim the full deduction even though we both pay? Does the fact that her SSN is the only one on the Form 1098 make a difference? What's the legal way to handle this to maximize our tax savings?

You're in a common situation! When unmarried couples co-own a home, you actually have some flexibility with how you handle the mortgage interest and property tax deductions. The general rule is that you can deduct the mortgage interest and property taxes that you actually paid. So if you each pay half, you'd typically each deduct half. However, if one person pays more (or even all) of the expenses, then that person can claim the corresponding larger portion of the deduction. The fact that only your partner's SSN is on the 1098 doesn't limit your ability to claim your portion - it just means the IRS automatically matches the form to her return. If you claim your portion, you'll need to indicate on your return that the 1098 was issued showing someone else's SSN. One thing to consider: to take these deductions, you both need to itemize rather than take the standard deduction. If your partner has enough other deductions to itemize while you don't, it might make sense for her to claim more of these expenses. Just make sure you can document that she actually paid those amounts if you get audited.

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What documentation would they need to prove who paid what amount? Would bank statements showing mortgage payments be enough?

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Bank statements showing mortgage payments from each person's account would be excellent documentation. Canceled checks, electronic payment confirmations, or bank transfers to the mortgage company would all work well. If you pool money in a joint account before making payments, you'd want to keep records showing how much each person contributed to that joint account. This could be direct deposits of paychecks or transfers from individual accounts into the joint account.

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I've been in this EXACT situation and I was pulling my hair out trying to figure out the right way to handle it. Then I found https://taxr.ai and it was a game-changer for our situation. We uploaded our 1098 form and answered a few questions about our ownership arrangement and payment breakdown, and the tool explained exactly how we should split the deductions to maximize our tax benefit while staying completely legit with the IRS. The site explained that we could optimize our deductions based on who would benefit more from itemizing deductions versus taking the standard deduction. It even helped us figure out the proper way to document it all to prevent any issues if we got audited. They generated a full report explaining our situation that we saved with our tax records just in case.

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Did the site explain what to do when only one person's SSN is on the form? My boyfriend and I bought our house last year and his SSN is the only one on the 1098, but I actually make the payments from my account since I make more money.

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This sounds interesting but does it actually work for state tax returns too? We file separate state returns and our state has different rules than federal for some deductions.

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Yes, it specifically addressed the SSN issue! The site explains that the person whose SSN isn't on the form needs to include a statement with their tax return explaining that they paid X amount of the expense shown on a 1098 issued to another taxpayer. You'll need to provide the name, address, and SSN of the person who received the 1098. The site generated this statement for us automatically. The tool does handle state tax returns too! It asks which state you're in during setup and provides guidance based on your specific state rules. Some states follow federal rules exactly while others have their own quirks for handling these deductions, and the tool covers these differences.

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I just wanted to follow up about my experience with https://taxr.ai after I checked it out based on the recommendation here. It was super helpful! I uploaded our 1098 and the site walked me through a series of questions about our specific situation (who pays what, whose name is on what documents, etc). It laid out exactly how we should split the deduction and explained why that approach would be best for our specific tax brackets. The best part was the documentation it created - a detailed PDF explaining our situation that we can keep with our tax records. My accountant was impressed with how thorough it was and said it would definitely satisfy the IRS if we ever got questioned about it.

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Wait, so you pay a service to wait on hold for you? How does that even work? Seems like there would be some catch.

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I don't buy it. How would they even know when an agent is about to pick up? Sounds like a scam to get your phone number and personal info.

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It's pretty straightforward - they have a system that waits on hold with the IRS and then calls you when it's about to be answered. They transfer you directly to the agent. No personal information is shared except your phone number for the callback. There's no catch - it just saves you from having to sit by your phone on hold for hours. I was able to go about my day and just took the call when they connected me. The IRS agent was super helpful about my mortgage interest question and didn't seem to care at all that I'd used a service to avoid the hold time.

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I need to eat my words. After posting my skeptical comment, I was still struggling with a similar tax situation and decided to try Claimyr as a last resort. I honestly expected nothing to happen, but about 90 minutes after signing up, I got a call connecting me to an actual IRS representative. The agent walked me through exactly how to handle split mortgage interest when only one SSN is on the form. He explained that the person whose SSN isn't listed needs to add a simple statement explaining their portion of the deduction. Totally legit advice that solved my problem. I'm still shocked it actually worked! Saved me from taking a day off work to sit on hold.

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I'm a tax preparer and see this situation all the time. Just FYI - if you decide to have one person claim 100% of the mortgage interest and property tax, make sure you're handling the actual payments that way too. If you get audited, the IRS will want to see that the person claiming 100% actually paid 100%. The simplest approach is to have one partner reimburse the other, so that one person is effectively paying the entire mortgage. Keep documentation of these transfers. Without this paper trail, you're taking a risk if audited.

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Could we set up a system where I transfer my portion of the mortgage to my partner first, and then she makes the full payment from her account? Would that create the documentation we need?

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Yes, that's exactly the kind of paper trail you want! Have a recurring transfer from your account to your partner's account specifically labeled as "mortgage contribution" or something similar. Then have your partner make the full mortgage payment from their account. This creates clear documentation showing that your partner is the one making the full payment to the mortgage company, which supports their claim for the full deduction. Just be consistent with this approach throughout the entire tax year.

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Super quick question - does anyone know if this affects the mortgage interest deduction limit? Like, if we both claim part of the interest, do we each get up to the limit amount, or is the limit split between us?

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The mortgage interest deduction limit applies to the total mortgage, not per person. So the limit is $750,000 of debt for newer mortgages (or $1 million for older ones), regardless of how many people own the home. If you split the deduction, you're still subject to the same total limit.

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This is such a smart approach to think about optimizing your deductions as a household! You're absolutely right that sometimes it makes more financial sense for one person to claim the full deduction rather than splitting 50/50. Just to add to what others have said - make sure you also consider the state tax implications if you're in a state with income tax. Some states have different rules or limits for mortgage interest deductions that might affect your optimization strategy. Also, since you mentioned you're both on the title, you might want to document your agreement about how you're handling the tax deductions. It's not required, but having a simple written agreement between you two about who claims what can be helpful if questions ever come up later. This is especially useful if you decide to change your approach in future years. The key thing the IRS cares about is that the person claiming the deduction actually paid that portion of the expense, so as long as you set up your payment structure to match your deduction claims, you should be in good shape!

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Great point about documenting the agreement! I'm curious though - if we switch strategies next year (like go back to splitting 50/50), would that raise any red flags with the IRS? Or is it totally normal for couples to adjust their approach year to year based on changing circumstances? Also, when you mention state tax implications, are there any states that specifically don't allow this kind of optimization between unmarried co-owners? I want to make sure we're not missing anything state-specific that could cause problems.

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