How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard
Richard, Tax Attorney
Category: Tax
Satisfied Customers: 55007
Experience:  29 years of experience as a tax, real estate, and business attorney.
17027240
Type Your Tax Question Here...
Richard is online now
A new question is answered every 9 seconds

I am getting married in Dec. We both own a house. I am trying

Customer Question

I am getting married in Dec. We both own a house. I am trying to sell mine but am having difficulties. We are living in her house. Can we file jointly and claim the interst on both houses? We are not renting out my house.
Submitted: 6 years ago.
Category: Tax
Expert:  Richard replied 6 years ago.

Good evening. Yes, you can claim the interest on one as your principal residence and the second as your second home.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

 

If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Richard, Tax Attorney
Category: Tax
Satisfied Customers: 55007
Experience: 29 years of experience as a tax, real estate, and business attorney.
Richard and other Tax Specialists are ready to help you
Customer: replied 6 years ago.

So to be clear....

 

1. We can file Jointly as married and do not need to file Married Fileing Seperately?

 

2. Since I am not renting my house and simply trying to sell, WE can claim the interest paid on the mortage on my house, and the interest paid on the mortgage on her hourse?

 

3. I can deduct interest on mortgages for up to 2 qualifying homes? Is there a limit on the amount I can deduct? The total value of both houses together is less than $600K.

 

4. If I rent the house then I understand that I cannot deduct the interest?

 

5. Can you provide the IRS publication referencing this for me?

 

Thanks!

 

Joel

Expert:  jgordosea replied 6 years ago.

1. Yes if you are legally married by 12/31/2010 you can file MFJ.

 

2. Yes, you can claim mortgage interest on two houses used for personal purposes.

 

3. The limit is that the total loans are not more than $1 million of debt that was to acquire the houses and debt of $100,000 not used to build or acquire (like home equity debt).

 

4. If you rent the house (at fair rental value) you will deduct the interest against the rental income on Schedule E instead of as an itemized deduction on Schedule A.

 

5. See Publication 936 (2009), Home Mortgage Interest Deduction - IRS.gov

"Second home rented out. If you have a second home and rent it out part of the year, you also must use it as a home during the year for it to be a qualified home. You must use this home more than 14 days or more than 10% of the number of days during the year that the home is rented at a fair rental, whichever is longer. If you do not use the home long enough, it is considered rental property and not a second home."

 

You are welcome.