Duplex bought together with parents; my name was not included on the deed or mortgage.

Question Details: Hi, my parents and I bought a duplex together in California in the Los Angeles County but my name was not included in the deed or mortgage. What can be done so that I can properly deduct my share on the mortgage when filling my income-tax? Thank you.

Asked 7/22/2009 under Real Estate | 154 View(s) | More Legal Topics

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Robert Spitz / Robert J. Spitz, Attorney at Law Answered 2 years ago | Contributor This attorney is licensed in California

You have more issues than taxes here.   If your name is not on the deed, you have a serious issue with your ownership of this property.   In California, if a real estate transaction is not in writing, it does not exist.

You need to see a real estate attorney to correct these title issues and be able to claim your deductions.

Call my office for an appointment.

Robert Spitz

909 395 0909

You cannot.  You would need a title transfer of some sort -- a quit claim or talk to the mortgage lender.  Was it an oversight?

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