Unmarried Couples and the Mortgage Interest Deduction

6 Pages Posted: 4 May 2009

See all articles by Patricia A. Cain

Patricia A. Cain

Santa Clara University - School of Law


On March 13, 2009, the Internal Revenue Service released Chief Counsel Advisory 200911007, concluding that unmarried co-owners of a residence were limited to mortgage interest deductions on $1 million of acquisition indebtedness. CCA 200911007 reasons that the $1 million limit should be applied per residence rather than per taxpayer. This article criticizes the IRS position.

Keywords: mortgage interest deduction, unmarried couples, CCA 200911007, Section 163(h)(3), acquisition indebtedness

Suggested Citation

Cain, Patricia A., Unmarried Couples and the Mortgage Interest Deduction. Tax Notes, April 27, 2009, Santa Clara Univ. Legal Studies Research Paper No. 09-12, Available at SSRN: https://ssrn.com/abstract=1396301

Patricia A. Cain (Contact Author)

Santa Clara University - School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States

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