My 1st mortgage is in my inlaws name. We have made every payment with proof, can we claim the interest?

Regarding filing taxes.My 1st mortgage is in my inlaws name. We have made every payment with proof, can we claim the interest?
If you and at least one other person (other than your spouse if you file a joint return) were liable for and paid interest on a mortgage that was for your home, and the other person received a 1098 form showing the interest that was paid during the year, you should attach a statement to your return explaining this.





In your statement, show how much interest each of you paid, and give the name and address of the person who received the form.





Deduct your portion of the interest on Schedule A (Form 1040) on line 11 and print ';see attached'; next to the line.





Your portion, from what you stated, is 100%.





The part of the statement that reads ';you and at least one other person'; means that your in-laws are liable to the lender, and you are liable to your in-laws since they fully expect you to make the mortgage payments including all interest. The person who actually PAYS the interest is the one who deducts it.





See page 7 of IRS publication 936 under the heading ';More than one borrower';.My 1st mortgage is in my inlaws name. We have made every payment with proof, can we claim the interest?
Bad answer. If it's not in YOUR name, you may NOT deduct the interest.

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Also per the Pub 936, page 2: You must be legally liable for the loan. You cannot deduct payments you make for someone else if you are not legally liable to make them. In addition, there must be a true debtor-creditor relationship between you and the lender.

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Only the person who owns the house (who's name is on the mortgage) can deduct the interest regardless of who actually pays.
I don't think so. The mortgage is in their name. They receive the interest statement with their name and ss#.





I would call the IRS to get a definite answer on this one. It could be an audit trigger since their records will not match the interest that you are claiming.
We have names for a reason.
yes, you need their SS#
Deduct the home mortgage interest and points reported to YOU on Form 1098. You must be a payer of record and be liable for the loan.


If you and at least one other person (other than your spouse if you file a joint return) were liable for and paid interest on a mortgage that was for your home, and the other person received a Form 1098 showing the interest that was paid during the year, attach a statement to your return explaining this. Show how much of the interest each of you paid, and give the name and address of the person who received the form. Deduct your share of the interest on Schedule A (Form 1040), line 11, and print “See attached” next to the line.





Similarly, if you are the payer of record on a mortgage on which there are other borrowers entitled to a deduction for the interest shown on the Form 1098 you received, deduct only your share of the interest on Schedule A (Form 1040), line 10. You should let each of the other borrowers know what his or her share is.