Partner not on loan, can write off interest?

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Hi -

My domestic partner and I are trying to work out shared equity in the house that I own. We are working with a lawyer to draw up paperwork that would phase in percentages of ownership for her over a period of time.

However, there's also the question of writing off the interest. My bank says we can't add her to the loan without refinancing, and we don't want to refinance. My accountant believes that if we file the legal contract we are preparing and get it on record, then that will allow us to divide the interest write-off between us, even if her name is not on the loan with the bank.

Has anyone else tried this? I trust my accountant, but it would be reassuring to hear a second opinion on this.

Thanks!

Matt