First time home-buyer questions re: tax (or other) benefits.

I am looking to buy a house with my partner (not married). She already owns a home, this would be my first home (and it would become our primary residence).

Our combined income is $325k/yr (120k/205k for her and I, respectively) and we both have good credit scores such that either one of us could get a mortgage for enough to buy what we want.

What are the benefits of the mortgage being in one vs. both of our names? (CONTINUED)

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I can’t speak to tax considerations but if you buy the house together make sure you have a plan for the possibility that you will split up while still owning it. Who gets to live there? Who pays the bills? Will you sell it or keep it. How do you break ties? In a divorce there’s a mechanism to address all of that. In an unmarried couple situation not so much.

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Please do have a contract - in my state they're called cohabitation contracts, but that may vary. The concept should be the same. It's worth every penny you pay a good family lawyer to draft it, even if you never actually "need" it. I just see so many disasters involving unmarried couples and real estate. Best of luck to you guys with this big purchase! Exciting stuff!

Assuming you pay a solid state tax rate (CA, NY, etc) I think your deductions on your side could be 0 already, as your >200k at S1 rates probably hits the cap.

SALT cap.

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Oh ok, so my state and local income taxes, along with property taxes, all have a max deduction of $10k.

But I could also deduct the interest paid on the mortgage (up to $375k if filing alone) on top of that 10k. So it might be better than the standard deduction but those caps really diminish the potential benefit.

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I understand we can deduct interest paid on the mortgage from taxes. Does that apply as long as it is you primary residence (regardless of whether it is your first home)?

Any other things I should be thinking about?

big echo of TL1 on clear rights for both parties. marriage/divorce law fills in the holes for the property rights of married couples in default of a prenup; unmarried couples are working from a different set of rules that can make it *very* hard to unload your portion of what would become a tenancy-in-common in the event of a breakup. also if you title this jointly and one of you dies, the other owns it without regard for any other preferences you'd like to specify by will. (probably not a concern but I should also note that if you two buy a house jointly and aren't paying in proportion to your equity, one of you is making a taxable gift - if you plan to be rich enough to owe estate taxes one day, that's an annoyance; if the one receiving the gift isn't a citizen, it can be a bigger one already even if you aren't estate-tax wealthy. otherwise it'll just count toward your lifetime gift exemption, which after either repeal or expiration in 2026 of the latest tax cuts, will be ~6 million per person or 12M per (citizen) couple).

smart

Unsolicited advice - get a cohabitation agreement drafted by a family lawyer and with both of you receiving ILA

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