Unmarried joint homeowners - Can she claim all mortgage interest & property taxes while I take standard deduction?
My partner and I bought a house together last year - we're not married but jointly own our home. We have a shared bank account that we use to pay the mortgage. When we got our 1098 form from the bank, I noticed it has both our names on it, but only her SSN. We always file taxes separately, and I've been running the numbers... if we split the mortgage interest and property taxes 50/50, I'd still be better off taking the standard deduction, but she'd be just barely over the threshold where itemizing makes sense for her. I'm wondering - since I'm taking the standard deduction anyway, can she claim 100% of the mortgage interest and property taxes on her return? That way she gets the full benefit of itemizing, and I'm not "wasting" any of the deductions by only claiming half when I'm taking standard anyway. I've been searching online for a clear answer but finding conflicting information. Would really appreciate any advice on this, especially if you can point me to something official from the IRS!
20 comments


Sophia Russo
You can absolutely do this! Since you're not married, there's nothing in the tax code that requires you to split deductions proportionally to ownership. The key is that the total claimed between both of you doesn't exceed 100% of what was actually paid. The general rule is that whoever pays the expense can claim the deduction. Since you're paying from a joint account, either of you could claim it. Since you're taking the standard deduction anyway, it makes perfect financial sense for your partner to claim 100% of these expenses on her return. One thing to note - since her SSN is the only one on the 1098, the IRS computer system is already "expecting" her to report this. If you were to claim part of it, she would need to attach an explanation saying she's only claiming a portion of what's on the 1098.
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Evelyn Xu
•But doesn't the IRS care about who actually owns the home? Their names are both on the deed, right? Wouldn't they need to split based on ownership percentage?
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Sophia Russo
•The IRS is primarily concerned with who paid the expense, not necessarily who owns the property. When payment comes from a joint account where both parties contribute, either person could technically claim the deduction since both contributed to the payment. For mortgage interest and property taxes specifically, the requirement is that you're legally liable for the debt (both are if they're both on the mortgage) and that you actually paid the interest/taxes (both did through their joint account). There's no requirement that the deduction must match ownership percentage when unmarried individuals are involved.
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Dominic Green
Hey there! I was in almost the exact same situation last year. After tons of research and frustration, I finally found a solution through https://taxr.ai where they analyzed our mortgage documents and tax situation. They confirmed that since you're paying from a joint account and not married, your partner can claim 100% of the mortgage interest and property taxes while you take the standard deduction. What really helped was their document analysis feature that reviewed our 1098 and mortgage documents to provide a clear answer specific to our situation. They even provided documentation to keep with our tax records explaining the allocation choice, which gave us peace of mind.
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Hannah Flores
•How does this service work? Do they just look at your documents or do they actually help you file your taxes too? I'm in a similar situation but with a twist - my partner and I have different ownership percentages on the deed.
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Kayla Jacobson
•I'm skeptical - wouldn't a regular tax preparer know this information? Why would you need a special service for something tax professionals should already understand?
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Dominic Green
•They don't file your taxes for you - they specifically analyze your documents and tax situation to provide clear guidance. You upload your documents (mortgage, 1098, etc.) and they review everything to give you definitive answers about your specific scenario. It's more focused than a general tax preparer since they specialize in document analysis and tax implications. For different ownership percentages, they'd actually be really helpful. They'd analyze your deed, mortgage documents, and payment records to determine the most advantageous and legally sound way to allocate deductions based on your specific situation.
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Hannah Flores
Just wanted to update after using taxr.ai based on the recommendation here. We have a 70/30 ownership split documented in our deed, but I was taking the standard deduction while my partner benefited from itemizing. The document analysis confirmed we could allocate 100% of the mortgage interest to my partner despite the ownership difference since we pay from a joint account and I'm not claiming any of it. They even provided documentation explaining our allocation choice for our records. Super helpful for our unusual situation - definitely worth it for peace of mind that we're doing everything correctly!
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William Rivera
If you're having trouble getting a definitive answer from the IRS website, I'd strongly recommend using https://claimyr.com to get through to an actual IRS agent. I was in a similar situation (joint ownership but unmarried) and had conflicting advice from multiple "tax experts." I spent WEEKS trying to get through to the IRS myself with no luck. Used Claimyr and got connected to an IRS rep in about 15 minutes. The agent confirmed that since you're not married filing jointly, you're not bound by the same rules as married couples for splitting deductions. As long as the total claimed doesn't exceed 100%, you can allocate however makes the most sense. Their service basically holds your place in the IRS phone queue so you don't have to. Check out how it works here: https://youtu.be/_kiP6q8DX5c
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Grace Lee
•Does this actually work? I've been trying to get through to the IRS for 3 weeks about something completely different. The hold times are insane and I keep getting disconnected.
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Kayla Jacobson
•This sounds like a scam. Why would I pay someone to call the IRS for me? And how would they even have authority to hold my place in line? I doubt the IRS would support this kind of service.
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William Rivera
•It absolutely works! They use an automated system that waits in the IRS phone queue for you. Once they reach an agent, you get a call connecting you directly to that IRS representative. It's like having someone physically wait in line for you - they're not doing anything the IRS would disapprove of, just holding your spot. The IRS doesn't care who waits on hold - they just want to talk to the taxpayer when they finally answer, which is exactly what happens. When they connect you, you're speaking directly with the IRS agent. I was connected in about 15 minutes after trying for weeks on my own.
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Kayla Jacobson
I'm completely eating my words right now. After being skeptical about Claimyr, I was desperate enough to try it yesterday for an issue with my tax transcript. I'd been trying to reach the IRS for almost a month with no luck. Got a call back in 32 minutes (they estimated 35!) and spoke directly with an IRS agent who answered my question about joint property ownership and deduction allocation. The agent confirmed exactly what others have said here - since you're unmarried, you can allocate the mortgage interest and property taxes however you want as long as the total doesn't exceed 100%. I'm honestly shocked that it worked so well. Saved me hours of frustration and got me a definitive answer straight from the IRS.
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Mia Roberts
Something else to consider - make sure your partner keeps good documentation showing that the payments were made from a joint account that you both contribute to. If either of you ever gets audited, the IRS might want proof that she actually paid the expenses she's deducting. Also, do you live in a community property state? That could potentially affect how this works.
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Mason Kaczka
•Thanks for pointing that out! We do keep all our bank statements and have records showing we both contribute to the joint account. We're in Pennsylvania, which isn't a community property state from what I understand.
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Mia Roberts
•Good - Pennsylvania is definitely not a community property state, so you don't have to worry about those special rules. Just keep those bank statements showing joint contributions for at least 3 years after filing (the standard audit window). One more tip: If your partner itemizes and claims 100% of the mortgage interest and property taxes, it might be worth having her include a brief note with her tax return explaining that she's claiming the full amount from the 1098 that has both names but only her SSN. Not required, but can help prevent questions.
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The Boss
We did this exact same thing for years! My boyfriend and I owned a house together, paid from a joint account, but his income was much higher so he itemized while I took the standard deduction. He claimed 100% of the mortgage interest and property taxes, and we never had any issues with the IRS. Make sure your gf keeps a copy of the 1098 showing both your names but her SSN. That's really all the documentation needed since her SSN is the only one on the form anyway.
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Mason Kaczka
•That's really reassuring to hear! Did you ever get any questions from the IRS about it? And did you do anything special when filing to explain the situation?
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The Boss
•Never got a single question from the IRS in the 5 years we did this. Honestly, I think it's because the 1098 had his SSN on it, so the IRS computer system was already "expecting" him to report the full amount. We didn't do anything special when filing - he just entered the full amount from the 1098 on his Schedule A. We kept copies of our bank statements showing joint contributions to the mortgage payments just in case, but never needed them. The key is that between the two of you, you're not deducting more than 100% of what was actually paid.
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Keisha Taylor
This is actually a pretty straightforward situation! Since you're unmarried, the IRS doesn't require you to split deductions proportionally like married couples filing jointly would. The key principle is that whoever actually paid the expenses can claim the deduction. Since you're both paying from a joint account that you both contribute to, either of you could technically claim these deductions. Given that you're taking the standard deduction anyway and she benefits from itemizing, having her claim 100% makes perfect financial sense. A few important points to keep in mind: - Make sure the total claimed between both returns doesn't exceed 100% of what was actually paid - Keep good records showing you both contribute to the joint account used for mortgage payments - Since her SSN is on the 1098, the IRS system is already expecting her to report this income, which actually makes this cleaner I'd recommend she keep a copy of the 1098 showing both names and her bank statements demonstrating joint contributions to the mortgage payments, just for documentation purposes. This is a completely legitimate tax strategy for unmarried joint homeowners!
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