how do we file taxes if not married but both names on deed of the house?

Question

the mortgage is only in his name. We are both on the deed of the house, we are not married. Trying to figure out if we should just do the marriage thing legally in order to make the taxes easier

Answer 1

I does not matter if your name is on the loan document or not. It does matter that your name is on the deed, and that you lived in the home. You may deduct the the portion of the interest that you actually paid. This is according to IRS rules - and many people do not not realize that your name does not have to be on the loan in order to take an interest deduction. I have amended many returns using this rule and it is always accepted by the IRS.

Answer 2

If you are not married you file as Single or HoH, depending upon the circumstances.

(If you were common-law husband and wife, you would file as married, either Married Filing Jointly or Married Filing Separately. MFJ is usually the best way to file.)

If you are both on the deed, you may each deduct your share of the property taxes paid.

If there is a mortgage on the home, and if you are BOTH on the mortgage you may each claim the portion of the interest that you paid. Since only one name and SSN is on the 1098 from the mortgage company, you each need to attach statements to your returns identifying the other by name and SSN so that the IRS will not question the deduction by the party whose name is not on the 1098.

Answer 3

Since he's the only one on the mortgage, he's the only one who can deduct the interest. You can't, since you are not legally responsible for the mortgage.

Unless one or both of you has a dependent child who lives with you, neither of you can file as head of household, you'll both have to file as single.

If you get married, then you could deduct the mortgage interest on a joint return. Getting married just to save a little bit of tax isn't really a good reason, though.

Answer 4

You must file separately if not married. The fact that both names are on the house deed allows you to split property tax expenses for deductions.Depending on which names are on the mortgage, you can split the deductible interest expenses incurred as well. However, any person NOT named on the mortgage is not entitled to any interest deduction, since that person is not liable to pay said interest by contract. Furthermore, if only ONE is on the mortgage and you are splitting payments, the one on the mortgage is only entitled to use the actual interest THAT person paid as a deduction.

Answer 5

Since you're not married you must file separatly. Who claims the house deductions or how you split it, 50-50, 30-70, etc. is for the two of you to decide. I suggest that whoever has the highest tax bracket take the deduction & you share the refund.

Answer 6

If you called IRS, I think they would tell you how to handle the deduction on your separate filings by means of how the %ages of final ownership is handled. If you chose to split it down the middle, then the interest paid, and other deductions could be split. I think they would realize that in living together, it would be quite difficult to know how you two are divvying up the monthly payment. I would think local taxes and improvement deductions would also be split in the 'final ownership' manner.

Answer 7

Depends on situations...

w/ children other dependents: one can be head of household

depending on amount of time, usually a number of years, you can try for a common law marriage.

If neither, you both file separately as single.

Answer 8

Are you common law married? if so file as head of household or married, if not file single and split the interest.

Answer 9

Well, it depends..