Can I be a 50/50 partner for our rental house if my spouse is the only one on the deed and mortgage?

[samanthaefford]

He owned the house when we got married and then several years after we bought a newer house and decided to get a renter for the old one. I do 95% of the work in managing/maintaining the rental.

[Acc1234humber]

When a rental property is on  the name of only  your spouse then you  can't claim 50/50. The spouse will need to claim it all 100%. You need to claim whatever percentage of ownership you have with your partner on each of your returns.  In other words, you cannot change the percentage of the rental income or loss you report each year unless the percentage of your ownership in the property changes.

You might get away with a 50/50 split IF you can prove that she is 50% responsible for the repairs, rent collection, bookkeeping, and receives half of the income.  Changing your rental percentage is likely to raise a red flag at CRA.

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