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SoloLawyer, Attorney
Category: Legal
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Experience:  Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
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Hello! I am a 49 year old military vet that has never ever

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Hello! I am a 49 year old military vet that has never ever owned a home or used my VA entitled home loan. Now I married last 10 OCT 09 and we are now in a position to purchase are dream home. Well image my shock when I found out I was not entitled to a first time home owner incentive money $8000 simply because I got married. My wife has been in her home 6 years and because I have not been in the home with her for 5 years we loose out on the $6500 upgrade incentive. Now she is not listed on my offer sheet/deed and I am not listed on her mortgage/deed either. Married less than a year, filed jointly 2009 (under 245,000 married and single 145,000) and we or I am not eligibile for any break. Do we/I have any recourse?
Hello -

Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your legal problem today.

What is the reason the IRS gives for you not being able to receive the first time home buyer's credit?


Customer: replied 6 years ago.
We got married and she is a long time resident over 5 years in current residence. Once we married they (IRS) tells me I am concidered part owner and not entitled to the $8000 credit. Then I asked what about the $6500 credit for (word eludes me) upgrade credit? Anyway we are not entitled to that credit because I have not been in the home 5 years? Sounds like am damed if I do and damed if I don't.
Are you on the deed of your wife's home?


Customer: replied 6 years ago.
No and she is not listed on my offer sheet either.

Unfortunately, the IRS rules for both credits are based off the tax-payer and their current spouse, and I agree with their interpretation.

You don't qualify for the first time credit because your wife has owned a home during the last 3 years.

You also don't qualify for the long time credit because, although your wife has owned a home during 5 out of the last 8 years, her spouse (you), has not. Both spouses must qualify under the rule to receive the credit.

Unfortunately, you don't have any recourse and do not qualify for either of these credits. I'm sorry.

Take care,

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