Discussion:First Time homebuyer credit - when spouse is not eligible

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Discussion Forum Index --> Basic Tax Questions --> First Time homebuyer credit - when spouse is not eligible
Discussion Forum Index --> Tax Questions --> First Time homebuyer credit - when spouse is not eligible

Yhtaxprep (talk|edits) said:

14 April 2009
Hello, I have a client that wants to claim the credit but I don't think he can. The law is not very clear and I haven't been able to find a final answer... He got married in 2006. His wife bought a property after they got married (only under her name). He's in the process of buying another house now (which will become their principal residence) and this time it will be under his name only. Can they claim the credit since the wife bought the property in June 2006 and his name is not on the loan or the deed? Thanks

Rgtaxservice (talk|edits) said:

14 April 2009
Did they live in the house she bought in 2006?

Yhtaxprep (talk|edits) said:

14 April 2009
yes, they lived there up until Feb 2009 when the house went into foreclosure.

Yhtaxprep (talk|edits) said:

14 April 2009
sorry, february 2008

Sharon1221 (talk|edits) said:

14 April 2009
I don't think so. Read the last scenario.

http://www.irs.gov/newsroom/article/0,,id=206294,00.html

Sharon1221 (talk|edits) said:

14 April 2009
Also, don't use the purchase date to determine 3 years. It goes by when a property was owned. Not sure by your last sentence if you were aware of that or not.

Kevinh5 (talk|edits) said:

14 April 2009
the law is very clear that they are not eligible

Yhtaxprep (talk|edits) said:

14 April 2009
thank you; that's what I thought.

Jbandjb (talk|edits) said:

8 July 2009
I have a case in question. A man legally separated for several years gets divorced 08/06. While they were technically married, technically separated, the 'wife' buys a home, unbeknownst to him. He purchases a home with his new wife in 4/09. Is he eligible for the credit?

Taxguy1024 (talk|edits) said:

8 July 2009
On the IRS site, they state that "marriage (and legal separation) imputes ownership of a previous home upon the other spouse". It appears that he would not be eligible to take the credit.

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