Who claims the 1098 if my daughter and I are both on it?

Q.  Who claims the 1098, for the  mortgage interest deduction,   if my daughter and I are both on it?

A. Simple answer: the one who actually paid the mortgage interest.  While the mortgage may be in both your names, it's unlikely that the form 1098 had two names on it.  But it doesn't matter who's name is on the 1098. 

You pretty much have a choice. One can claim all the mortgage interest or you can split it. It's usually best if only one claims it, allowing the other to use the standard deduction.

But to claim the mortgage interest deduction, you do have to meet the rules, which are:

1. You are legally obligated to pay it

      2. You actually pay it.