Unmarried couple owning home together - Who can claim the house on taxes?
My partner and I bought a house together about 3 years ago (valued around $580k now). We've been alternating who claims the house on taxes each year since we bought it. But recently someone told us we might both be able to claim it which confused me. We're not married, just to be clear. I earn about $98k annually while my partner makes roughly twice that amount. We split the mortgage payments proportionally to our incomes, and we're both on the deed and loan. I'm wondering if we can actually both claim mortgage interest and property taxes on our separate returns? And if not, is there a better strategy than just taking turns each year? Does the higher earner benefit more from the deduction? Any advice would be super appreciated!
20 comments


Malik Johnson
The answer depends on what exactly you're trying to claim about the house. For mortgage interest and property taxes, you can each deduct the portion that you actually paid. So if you're splitting these expenses, you can each claim your portion on your separate tax returns. For example, if you paid $15,000 in mortgage interest for the year and you paid 1/3 while your partner paid 2/3 (roughly matching your income ratio), then you could deduct $5,000 and your partner could deduct $10,000. Same goes for property taxes. The key is that you can only deduct what you personally paid, and the total claimed between both of you can't exceed 100% of what was actually paid. Also remember that you both need to itemize deductions for this to matter - if either of you takes the standard deduction, the mortgage interest doesn't help tax-wise.
0 coins
Isabella Ferreira
•What about other tax benefits of homeownership? Can they both claim things like home office deductions if they both work from home? And does the fact that one person earns so much more make it better for just the higher earner to claim everything?
0 coins
Malik Johnson
•For home office deductions, each person can claim their own dedicated workspace if they're using it regularly and exclusively for business. But that's completely separate from the mortgage interest/property tax deductions. Regarding who should claim the expenses, it often does make more sense for the higher-income person to claim more of the deductions since they're likely in a higher tax bracket, so each dollar deducted saves more tax. But you can only legally deduct what you actually paid - you can't just assign all deductions to the higher earner if they didn't pay those expenses.
0 coins
Ravi Sharma
I went through something similar with my ex and found this tax document analysis tool called taxr.ai that really helped clear things up. It literally analyzed our exact situation about property co-ownership and broke down who could claim what. I was taking turns claiming the house like you but according to https://taxr.ai analysis, we were leaving money on the table! The site lets you upload your mortgage statements and property tax bills, then tells you exactly how to optimize your deductions based on who paid what. It explained that we could BOTH claim our proportional share instead of the all-or-nothing approach we were using. Total game changer for our returns last year.
0 coins
NebulaNomad
•How does this work when you're splitting things unevenly? Like if one person pays more of the mortgage but the other pays all the property taxes? Does the tool handle complicated situations like that?
0 coins
Freya Thomsen
•Sounds too good to be true. Is this AI analysis actually accepted by the IRS? I'm always skeptical about tax software making complicated determinations about jointly owned property.
0 coins
Ravi Sharma
•The tool absolutely handles uneven splits - that's actually where it's most valuable! You can indicate exactly who paid what portion of each expense, and it calculates the correct deduction amounts for each person. It even helps you track things like if one person pays the mortgage but the other handles utilities and insurance. The analysis is fully compliant with IRS rules - it's not creating any loopholes, just properly applying existing tax law to your specific situation. It references the actual IRS publications and guidance on co-ownership scenarios. Think of it as having a tax expert specifically look at homeownership situations rather than just general tax advice.
0 coins
Freya Thomsen
I wanted to follow up about my experience with taxr.ai since I was skeptical at first. I decided to try it after my partner and I had been confused about our vacation property deductions for years. The analysis was actually really straightforward - it showed exactly how much each of us could claim based on our payment records. The biggest revelation was that we should have been splitting our deductions proportionally all along instead of alternating years. When we filed following the recommendations, my refund was $870 higher than expected! The site even gave us documentation to keep with our tax records in case of questions. Definitely worth checking out if you're in a co-ownership situation.
0 coins
Omar Fawaz
Another issue you might run into is actually getting answers from the IRS if you have questions about this. I tried calling them for weeks about a similar co-ownership situation and kept getting the "due to high call volume" message. Finally used a service called Claimyr (https://claimyr.com) that got me through to a real IRS agent in about 15 minutes. They have a demo video showing how it works: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed that both co-owners can claim their proportional share of mortgage interest and property taxes as long as they actually paid those amounts. She also mentioned that we needed to make sure we were using the correct forms and schedules for our specific situation. Definitely worth the call to get official confirmation.
0 coins
Chloe Martin
•Wait, how does this service actually work? I've been trying to reach the IRS about a similar issue for weeks with no luck. Do they just have some secret phone number or something?
0 coins
Diego Rojas
•Yeah right. If it was that easy to get through to the IRS, everyone would be doing it. They're literally unreachable during tax season. I refuse to believe this is legitimate - probably just connects you to some overseas call center pretending to be the IRS.
0 coins
Omar Fawaz
•It works by using their system to navigate the IRS phone tree and actually hold your place in line for you. When they're about to connect you with an agent, you get a call back. No secret phone numbers - they're just using technology to deal with the ridiculous wait times. The service is completely legitimate - you're speaking with actual IRS representatives, not third parties. They don't access any of your personal tax information, they just connect the call. I was super skeptical too, but after waiting on hold myself for hours multiple times, I was desperate enough to try anything.
0 coins
Diego Rojas
I need to eat my words here. After posting that skeptical comment, I tried Claimyr out of desperation because I had an issue with a misapplied payment that was about to trigger penalties. I expected nothing, but got a call back within 20 minutes saying they had an IRS agent on the line. The agent was able to locate my missing payment and fix the problem in about 10 minutes. I had spent WEEKS trying to get through on my own with no success. The time and stress saved was honestly incredible - not to mention avoiding the penalties that were about to hit my account. If you need to actually talk to someone at the IRS, this service is legitimate.
0 coins
Anastasia Sokolov
Back to the original question - has anyone looked into whether there's a tax advantage to restructuring how you pay the mortgage? Like if the higher-income partner pays more/all of it to maximize the tax benefit? We did this with our house (not married) and saved about $1,200 last year in total tax liability.
0 coins
StarSeeker
•Wouldn't this create issues if the relationship ends? If one person is paying everything for tax purposes but both own the house, doesn't that complicate things if you break up? I'm curious because my brother is in a similar situation.
0 coins
Anastasia Sokolov
•Yes, there are definitely non-tax considerations to think about. We have a written agreement that addresses what happens if we split up, including how the extra tax benefit is factored into ownership equity. Without something in writing, it could absolutely create complications. A key point is that the mortgage payments can be structured for tax optimization, but the actual ownership percentage should be clearly documented in your property records and agreements. Tax strategy shouldn't override protecting both parties' interests in the property.
0 coins
Sean O'Donnell
Has anyone actually had the IRS question their home deduction claims when unmarried people own a house together? I'm concerned we might get flagged for audit if both my partner and I claim portions of the house.
0 coins
Zara Ahmed
•I work in tax preparation. This is actually a common situation and not an audit trigger if done correctly. The key is that each person can only claim what they actually paid, and you should keep good records showing who paid what (bank statements, canceled checks, etc.). The most common mistake is when couples claim more than 100% of what was actually paid, which definitely can trigger scrutiny.
0 coins
Daniel Price
Just wanted to add my perspective as someone who went through this exact situation. My partner and I have owned our home for 5 years and we've been claiming our proportional shares of mortgage interest and property taxes from the beginning based on our actual payments. The key thing that helped us was setting up separate tracking from day one. We have a shared spreadsheet where we log who pays what each month (mortgage, property taxes, insurance, etc.), and we keep all the receipts and bank statements organized by tax year. This makes it super easy when tax time comes around. One thing I learned is that it's not just about the mortgage interest - don't forget about PMI (private mortgage insurance) if you have it, and property taxes. Both can be deducted proportionally just like the mortgage interest. Also, if you do any major home improvements that add to your cost basis, make sure you're both tracking those expenses too for when you eventually sell. The bottom line is that as long as you're only claiming what you actually paid and you have documentation to back it up, this is completely legitimate and not risky from an audit perspective. We've never had any issues with the IRS.
0 coins
Ivanna St. Pierre
•This is really helpful! I'm curious about the shared spreadsheet approach - do you track things monthly or just at year-end? And when you say "proportional shares," are you splitting everything 50/50 or based on your income ratio like the original poster mentioned? I'm trying to figure out the best way to set this up with my partner since we're buying our first house together next month.
0 coins