it depends; The ONLY person who can claim the deduction is the person who is LEGALLY responsible for the expense. if you are a person that is legally responsible for the expe, then yes you can claim it;If that person did not PAY for those expenses, then NO ONE gets to claim them. You cannot claim the mortgage interest, unless you owe it (and thus not on the statement of mortgage interest paid the bank sends to the IRS). You CAN claim the property taxes if your name is on the bill and you pay them.
Quick and simple rule is the one whose name is on title and on mortgage and pays the mortgage gets deductions. if one spouse can qualify for a mortgage based on his own income and credit, the mortgage does not need to be in both spouses' names unless you live in a community property state
you?re your state is one of th eten community pty states such a s CA, then yes you can claim the expenses on your return aslongas you itemize deductions on SCh A of 1040;community property states such as CA, separate returns require splitting everything down the middle. If, say, you earn $50k and your spouse earns $40k, you each report $45k on your tax return. Likewise, you split deductions: if your spouse pays $10k in mortgage interest, you can each claim a $5k write-off and vice versa. There are exceptions -- for are cases when the money or the house count as separate property -- but usually you get a cut of any deduction in your spouse's name.