Can I consider this my Primary? - Posted by Bui_75

Posted by DJ-nyc on August 12, 2009 at 13:08:44:

Just words of wisdom that were shared with me when I was living with girlfriends back in the early nineties… One girlfriend kicked me out and I had to sleep on my mom’s couch… Then my first mortgage banker suggested that I save up and buy my own house…That’s my story, now NOBODY can kick me out, I do the KICKING… HAHAHAHA
Only a suggestion… :slight_smile:
Good luck to you in your journey of Manhood.
DJ-nyc

Can I consider this my Primary? - Posted by Bui_75

Posted by Bui_75 on August 10, 2009 at 10:40:33:

My gf bought a house under her name last year. She and I lived in it together and I’ve been the one paying for all part of the mortgages. Even though her name is on title, Can I still claim this as my primary residence on my tax return and be able to deduct all the interest payments?

Get on the Deed My Man! - Posted by DJ-nyc

Posted by DJ-nyc on August 12, 2009 at 09:10:03:

Be smart, get on the deed if you are going to be shelling out money. Without a deed, or marriage certificate, you don’t have many rights in my opinion…

An ole timer told me “If your’e name ain’t on it, Your homeless…”

DJ-nyc

Re: Can I consider this my Primary? - Posted by Dave T

Posted by Dave T on August 12, 2009 at 04:28:05:

It is your primary residence, but there is no home mortgage interest deduction. You are just giving your girlfriend what amounts to rent for the privilege of living there.

Re: Can I consider this my Primary? - Posted by Len

Posted by Len on August 11, 2009 at 02:44:42:

In regards to your question, IRS Regulation 1.163-1(b) says:

“Interest paid by the taxpayer on a mortgage upon real estate of
which he is the legal or equitable owner, even though the taxpayer is
not directly liable upon the bond or note secured by such mortgage, may
be deducted as interest on his indebtedness…”

If you can establish that you are the “legal or equitable owner” of the property, then you are entitled to the deduction.

However, I would venture to say that in essence you have made a gift to your girlfriend as a result of your payment of the mortgage, etc.

Same thing for taxes. If there is not a legal obligation on your part attributable to a legal or equitable interest in the property for which the payments are being made, there would be no deduction.

However, I would advise you to contact your accountant to have him/her go over the situation in more detail because there may be something missing in the details that can make a difference.

There may be something in state law that provides you with an ownership interest in the property as a result of your living with your girlfriend. That is why it is important for you to contact a tax professional for further advice. They can spend more time with you in sorting out the facts of the situation.

Good luck!

Re: Get on the Deed My Man! - Posted by bui_75

Posted by bui_75 on August 12, 2009 at 12:17:06:

Is that your opinion only? It’s not something you can substantiate with an excerpt from the IRS right? I trust her so there’s no need to get on any deed at this point man.

Bui

Re: Get on the Deed My Man! - Posted by John

Posted by John on August 13, 2009 at 22:25:23:

Dave T and DJ-nyc both told you the same thing.

Since you don’t like the answers you got here, you could always call the IRS taxpayer helpline and ask them.

Let us know if you get a different answer from the IRS