Legal Question in Tax Law in California

Homeowner Interest Tax Benefit

BACKGROUND: I am considering going in on half of buying a home with my girlfriend. Her credit is better than mine and she will be a first-time-buyer (lower rates than I), so we may be getting the home loan under her name only. I am planning on getting an outside contract written-up claiming half interest in the home including paying half of all costs.

QUESTION: I want to be able to claim and deduct half the home mortgage interest paid on my income tax. Can I legally do that if my name is not on the home loan but on an outside contract stating I have the rights to half of all interest in the home?


Asked on 12/09/05, 12:33 pm

2 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Homeowner Interest Tax Benefit

So basically you want to commit fraud on the lender? And you expect the contract will be enforceable such that you will have a legal interest in the property? And you want the write-off, too?

Read more
Answered on 12/09/05, 2:14 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Homeowner Interest Tax Benefit

SEE:

http://www.irs.gov/publications/p936/index.html

Read more
Answered on 12/13/05, 1:25 pm


Related Questions & Answers

More Tax and Taxation Law questions and answers in California