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Level 3
November 26, 2023

Buy out equity in home of non-spouse's share, does interest qualify as qualified mortgage interest.

  • November 26, 2023
  • 1 reply
  • 6 views

Hello Taxpayer buys out another person's share of a house that is used as taxpayer's principal residence. The other owner is a child of the taxpayer and the buyout will be paid via a mortgage. Will the interest paid on the buyout mortgage qualify as mortgage interest and this deductible?

Thank You

Steve

    1 reply

    sjrcpa
    Level 15
    November 27, 2023

    If it meets all of the criteria for a mortgage, it could qualify as mortgage interest on a second home.

    The more I know the more I don’t know.
    BobKamman
    Level 15
    November 27, 2023

    @sjrcpa  Where do you see it's a second home?  I read it as this being the taxpayer's primary residence.  (" a house that is used as taxpayer's principal residence")  But the cast of characters here is confusing, and the mention of a "non-spouse" in the heading but not the text sets off alarm bells. It would be helpful to have a better description of the parties involved.  For example, "Dad lives with Son.  Son owned the house until he added his wife's name as co-owner.  Now Son is getting a divorce and Dad is buying out Ex-Wife so that he can continue living there."  But your guess is as good as mine.  

    sjrcpa
    Level 15
    November 27, 2023

    @BobKamman I think I misread it as taxpayer' child lived in it.

    To rephrase my answer, if it meets all the requirements of a mortgage, then taxpayer can deduct the mortgage interest.

    The more I know the more I don’t know.