Sunday, August 22, 2010

Can someone claim mortgage interest but name is not on title?

The title is in the mother's name but her daughter and husband live in the house and they pay mortgage (rent) to the mother who then send payments to the mortgage company. Eventually the daughter will inherit the house. Can the daughter claims the mortgage interest since they pay for the mortgage to the mother? The mother is retired so her income is not enough to do itemized deductions.Can someone claim mortgage interest but name is not on title?
Only the person who is the mortgagee can claim the interest.


Check with the IRS to find out for sure.


About the only way to take credit for the interest payments,is for the mother to add the daughter to the loan and house title or for the daughter to assume the mortgage.


Consult a tax professional or lawyer that deals with senior issues.


The mother needs to figure both a standard and itemized tax return before filing.


A smaller income means lower qualifying limits for mom to itemize.


If mother elects to add the daughter to home title,she will need to it soon.


The daughter can claim any personal or real estate taxes they pay for the mother as well as any medical bills they pay for her that they do not get reimbursed for.


If mom turns the house over to the daughter,she can continue to live there and may be able to claim her as an elder dependent.


When mom dies,the house will automatically transfer to the daughter.


If mom has any bank accounts,she needs to have a co-owner so the money will transfer without inheritance taxes or probate court to take care of her final expenses and bills.





As I said,talk to the IRS and a senior issues professional and get the necessary paperwork done.Can someone claim mortgage interest but name is not on title?
So go buy the house from mom. Pay her Fair Market Value and get your own mortgage and then you can claim the mortgage interest and property taxes you think you are missing out on.





Mom isn't dead yet, so thinking that it's yours because you will probably inherit someday is premature. (The state will want the house to pay for her nursing home expenses,)





Mom is renting the house to you--so mom needs to report the rental income and offset that income with the mortgage interest, taxes and depreciation.
Only the parties on the mortgage loan (the legal borrowers) can claim the interest as a deduction, regardless of who actually pays it.





Only the parties on the property title (owners of record) can claim the property tax paid as a deduction, regardless of who actually pays it.
Nope.





The house is still owned by the mother and pays the mortgage via the rent payments that she receives from her daughter.





It's the person who is legally owns the house (i.e. title) not who gets the benefit.





You should contact a local tax professional to assist you!
The ONLY person who can claim the interest, is the person who has the loan under THEIR name. If another person is the one actually making the payments, they CANNOT claim the interest.
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