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Home Mortgage Int paid when on title but not on loan

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    Home Mortgage Int paid when on title but not on loan

    I am reading through the laws and regulations about who can deduct mortgage interest and I was going through the WebCD and I noticed the following paragraph from Reg 1.163-1:

    (b) 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.

    As I interpret this regulation it seems to me that it reads that you can be on title of a house but not on the actual loan. And if you make payments to that loan that you are not liable for it is deductible because you are the legal owner? Is what I am thinking correct or am I way off? I always thought you had to be both liable for the loan and the legal owner on title or equitable owner to deduct mortgage interest. Let me give you an example.

    A boyfriend, his brother, and the girlfriend buy a house together. All three are on title to the house so all three are legal owners. The only one qualified to get a loan was the boyfriend so the loan is in his name only making him the only one legally liable for the loan. As I read the reg above it seems as if all three make the payments on the loan then they can all three deduct the interest because they are legal owners. Am I right?

    Thanks!
    GTS1101

    #2
    Mortgage Interest

    Must be TP main (or 2nd) home.

    "Payments made on a loan in which the TP is not directly liable are deductible only if the TP is the legal or equitable owner." 4-11 The Tax Book

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      #3
      Read the court case on that page under legal liability.........

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