who gets to claim mortgage interest and real estates on a house recently bought by a unmarried couple who lives together

[corinnerichard]

who gets to claim the mortgage interest and real estate taxes on a house when an unmarried couple who live together bought a home with both names on deed

[dkh]

Who is making the mortgage and real estate tax payments?   

I've had similar situation where both occupants were paying 50/50 so I split the interest 50/50.  

[dascpa]

It actually gets more complicated.  You may find one person making the mortgage payments but the other pays utilities, food, child care, etc.  So an argument could be made that one is gifting the other.  Sometimes you can do the math and see who would benefit most by claiming the deduction(s).  The Tax Courts originally always went with whom paid the payment, but that was mainly before two unmarried people would own a home together.  Now we're seeing some more leniency in their decisions.

[corinnerichard]

THANKS FOR REPLY

[corinnerichard]

Yep, this is complicated  thank you