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Yuki Tanaka

Unmarried couple purchasing home with jumbo mortgage - how should we split mortgage interest deductions?

My partner and I are planning to buy a house together next month but we're not married. We're looking at properties in the $850,000 range and will need a large mortgage (around $680,000). We both have good credit and income, so qualifying isn't the issue, but we're confused about the tax implications. Since we're not married, how do we handle the mortgage interest deduction on our taxes? Can we both claim a portion of it? Does only the person whose name is on the loan get to deduct it? We're planning to split the mortgage payments 60/40 based on our incomes. The title will have both our names, but we're not sure how to structure the mortgage for optimal tax benefits. I've heard different things from friends - some say we should both be on the loan, others say only the higher earner should be. We're in California if that matters for state tax purposes. Any advice would be appreciated as we're trying to finalize our approach before making an offer!

Carmen Diaz

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This is actually a common scenario, and you have several options. The mortgage interest deduction follows whoever is legally responsible for the loan AND who actually pays it. If both of you are on the mortgage loan and both names are on the title, you can each deduct the portion that you actually paid. So with your 60/40 split, the person paying 60% can deduct 60% of the interest, and the person paying 40% can deduct 40%. You'll both receive a Form 1098 showing the total interest paid, and you'll need to allocate it accordingly on your tax returns. Keep in mind that for the mortgage interest deduction to be worthwhile, you'll each need to itemize deductions rather than taking the standard deduction. With the higher standard deduction amounts in recent years, you'll want to run the numbers to see if itemizing makes sense for both of you. Another consideration: if only one of you would benefit from itemizing, you might consider having that person make the mortgage payments (and potentially the other person covers different expenses). This could maximize your combined tax benefits.

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Andre Laurent

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Thanks for the info, but I have a follow-up question. What if only one person is on the mortgage but both are on the title? Can the person not on the mortgage still deduct their portion of the payments?

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Carmen Diaz

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This gets a bit more complicated. If only one person is on the mortgage but both are on the title, technically only the person legally obligated on the loan can claim the mortgage interest deduction. However, there's an exception: if the other person is making payments directly on the mortgage (not just giving money to the mortgage holder), and they have an ownership interest (which they would if they're on the title), they can deduct the portion they actually paid. The key is that they need to be making payments toward their ownership share.

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AstroAce

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I was in this exact situation a few years back and found a great solution through taxr.ai (https://taxr.ai). They helped us parse through all the documents and figure out the optimal strategy for our mortgage interest deductions. We uploaded our loan pre-approval docs and purchase agreement, and they gave us specific guidance tailored to our situation. What we learned is that even though we split payments 50/50, having both of us on the loan AND title allowed us to each deduct our proper portion while maximizing our itemized deductions. Their system analyzed our individual tax situations to determine if itemizing made sense for both of us.

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How exactly does this service work? Is it just like TurboTax or something different? I'm curious because my girlfriend and I are about to buy a place together too.

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Jamal Brown

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I'm skeptical about using yet another tax service. How is this different from just talking to a CPA? Did they give advice that was actually different from what you'd get elsewhere?

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AstroAce

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It's more specialized than TurboTax. While TurboTax helps you file, taxr.ai focuses on analyzing your financial documents and giving strategic advice before you make big decisions. They have document recognition technology that interprets loan documents, purchase agreements, etc., and then applies relevant tax laws. This is different from a typical CPA consultation because they specifically focus on document analysis and verification. Most CPAs would give similar advice, but taxr.ai provided specific documentation strategies and templates we could use with our lender. They also showed us how to properly document our payment arrangements to satisfy potential IRS questions, which our CPA hadn't mentioned when we spoke with him initially.

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Just wanted to follow up - I ended up using taxr.ai after seeing the recommendation here. Really glad I did! They analyzed our pre-approval and pointed out that with our specific income levels and other deductions, only I would benefit from itemizing while my girlfriend would be better off with the standard deduction. They recommended a specific loan structure where I'm primarily responsible for the mortgage interest and property taxes (which I deduct), while she covers more of our other living expenses. This arrangement is projected to save us about $3,200 in combined taxes next year compared to what we would have done otherwise. The document analysis was super thorough and they provided templates for our payment agreement too.

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Mei Zhang

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If you're having trouble getting answers from the IRS about this (which is likely because their phone lines are a nightmare), I'd highly recommend using Claimyr (https://claimyr.com). I was stuck in a similar situation last year with mortgage interest deduction questions that weren't getting answered. After weeks of failed attempts to reach an IRS agent, I tried Claimyr and got connected to a real IRS representative in about 15 minutes. They have this system that navigates the IRS phone tree for you and holds your place in line. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with clarified that for our unmarried situation, we needed specific documentation to support our deduction split, especially since our payment amounts varied throughout the year. This saved us from potential audit headaches.

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How does this actually work? It sounds fishy that someone can magically get you through to the IRS when their wait times are like 2+ hours.

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Jamal Brown

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This sounds too good to be true. The IRS is basically unreachable these days. I spent 3 hours on hold last month and got disconnected. You're telling me this service somehow jumps the line? I don't buy it.

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Mei Zhang

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It's not magic - they use a combination of predictive technology and actual people to navigate the IRS phone system. They call at strategic times when wait times are typically lower, and they use automated systems to stay on hold for you. When an agent answers, you get a callback immediately. They don't "jump the line" - they just handle the waiting for you. Think of it like hiring someone to stand in a physical line while you do something else. The IRS doesn't give them special treatment; they just manage the painful waiting process so you don't have to. And their system works with other hard-to-reach government agencies too, which is why I found it so helpful for getting my specific mortgage questions answered.

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Jamal Brown

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I have to admit I was wrong about Claimyr. After my skeptical comment, I decided to try it anyway because I was desperate to talk to someone at the IRS about my mortgage interest situation. It actually worked exactly as advertised. I submitted my request around 10am, and about 40 minutes later I got a call connecting me directly to an IRS representative - no hold time on my end. The agent answered my specific questions about mortgage interest deductions for my situation where I'm on the title but not the loan (my partner is on both). Turns out I wasn't eligible to claim the deduction for the payments I was making through my partner, but the agent walked me through how to restructure our payments so I could legitimately claim my portion going forward. This probably saved me from an audit flag, and definitely saved me hours of frustration.

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One thing nobody has mentioned yet - have you considered forming an LLC to hold the property? My partner and I did this when we bought our home together. The LLC holds the title, we each own 50% of the LLC, and we have an operating agreement that specifies all the details about payments, what happens if we break up, etc. This approach has some advantages with liability protection and makes the tax situation cleaner in some ways. But there are setup costs and annual fees to maintain the LLC, so it might not be worth it depending on your situation.

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CosmicCaptain

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Wouldn't using an LLC mean losing the mortgage interest deduction? I thought you could only deduct mortgage interest on your primary residence if you personally own it, not if it's owned by an LLC?

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You're right to question this - an LLC typically would cause you to lose the mortgage interest deduction for a personal residence. What we actually did was create a partnership agreement rather than a full LLC (I simplified in my original comment). The partnership agreement gives us similar protections in terms of clearly defining ownership and responsibilities, but allows the property to remain in our personal names for tax purposes. This way we each get to deduct our portion of the mortgage interest while having clear documentation of our arrangement. Tax rules around entity structures can get complicated, so definitely consult with a tax professional before going this route.

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Has anyone mentioned gift tax issues yet? My partner and I ran into this when we bought together. If one person is making substantially larger payments toward the mortgage than their ownership percentage, the IRS might consider the excess amount a gift, which could have gift tax implications.

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I don't think that's correct. The annual gift tax exclusion is $17,000 per person for 2023 (probably higher for 2025), and it's only an issue if you exceed that amount. Plus, you'd have to file a gift tax return but probably wouldn't owe any actual tax unless you've used up your lifetime exemption, which is over $12 million.

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