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Can I claim a mortgage payment as rent on my taxes if I pay the mortgage but not on the loan or deed if I'm self employed ??

Los Angeles, CA |

My husband and mother are on the title and deed. My husband will not make payments on the mortgage so I'm paying $2,800 a month plus utilities since August 2012. I own a home based daycare since 2007 in this home. We file separately. Can I claim the mortgage payment as rent on my taxes since I can't claim the interest on the mortgage ?? If I can't claim it as rent what can I claim the $2,800 payment as ??

Attorney Answers 3


  1. "Can I claim the mortgage payment as rent on my taxes?"

    If you are talking about using the rent as a business expense to offset income, yes you can do that. Individual taxes are difficult to file to begin with, adding a small business into your personal filings multiplies the complexity. You should really contact a CPA or tax attorney to help you with your taxes.


  2. The fact that you husband is on title does not tell the whole story? Was the property acquired during your marriage? Was the property gifted to your husband? If the house is community property, then notwithstanding how you file, you might be able to claim the property.

    As far as giving you a definitive answer, I dont think anyone will do that on this site because of IRS rules and regulations regarding tax advice. You really need to address this question to your CPA or tax preparer.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.


  3. To be able to deduct the rent it would have to be a business expense of your Daycare business. Otherwise, the rent would not be deductible because it would be a personal expense. If the rent is for both your business and where you live it will have to be prorated. Consult with a local tax professional to determine how to make this allocation and whether this expense is partially a business expense or not.

    H. Daniel Lively, Esq., LL.M., CPA Certified Tax Specialist, CA Board of Legal Specialization dlively@livelylawgroup.com www.USTaxRescue.com 714-708-2593 Mr. Lively is a Certified Tax Specialist by the State Bar of California Board of Legal Specialization. He can be reached at 714-708-2593 or USTaxRescue.com.Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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