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was named cotrustor with his mother. Naming a person in a
mortgage instrument, however, does not mean that the person owns
the property used as security. Petitioner's sister's name
remained on the Great Western mortgage after she had apparently
conveyed her ownership interest in the property to her mother.6
See also Seattle-First Natl. Bank v. Hart, 573 P.2d 827 (Wash.
Ct. App. 1978).
Petitioner offered no direct evidence of his legal or
equitable ownership interest in the family home until
December 19, 1996, when a copy of the "grant deed" was produced
showing the conveyance of title in the home from his mother to
him and his mother jointly. Respondent agreed to settle the case
the very next day, conceding the mortgage interest issue.
Even if respondent had concluded earlier, from the deed of
trust instruments alone, that petitioner was the legal or
equitable owner of the family home, petitioner failed to provide
evidence that he had paid mortgage interest from his own funds.
Usually, a deduction with respect to a joint obligation is
allowable to the party who makes the payment out of his own
5(...continued)
California, that takes the place of and serves the same use as a
mortgage. In re Moore's Estate, 286 P.2d 939, 944 (Cal. Dist.
Ct. App. 1955); Bank of Italy Natl. Trust & Sav. Association v.
Bentley, 20 P.2d 940, 944 (Cal. 1933).
6 There is nothing in the record to show that petitioner's
sister ever obtained an ownership interest in the property.
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