Can my spouse claim mortgage interest paid on his taxes if its under my name?

Married filing separately. His income is higher, so can he claim mortgage interest paid instead of me if it's under my name, since we are married?Can my spouse claim mortgage interest paid on his taxes if its under my name?
If he is co-owner of the home and legally liable on the mortgage, he can deduct the mortgage interest and property tax actually paid by him or paid out of his earnings. If you are in a community property state, the amount he can deduct is usually 50% of the mortgage and property taxes.





Richard K


Master Tax Advisor


HR Block





This advice is based upon the law in effect at the time it was written as it applies to the facts provided by you. See my profile for more information.Can my spouse claim mortgage interest paid on his taxes if its under my name?
Only the party legally required to pay the loan (the borrower or borrowers) can claim the interest deduction. Why would you not file jointly?
No the mortgage is in your name and under your SSN and that is how it is reported. File jointly you will make out better