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My husband owned a house while we are married, but my name

 
Robin D's Avatar
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My husband owned a house while we are married, but my name was not on the title. If we divorce before I buy my first house, am I qualified to get tax credit

 

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Decatur, Georgia

Already Tried:
Asked the mortgage broker, but she didn't know the answer

Submitted: 1503 days and 18 hours ago.
Category: Tax
Value: $15
Status: CLOSED
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Expert:  Robin D replied 1503 days and 8 hours ago.

HelloCustomer

The law defines "first-time home buyer" as a buyer who has not owned a principal residence during the three-year period prior to the purchase. For married taxpayers, the law tests the homeownership history of both the home buyer and his/her spouse.

For example, if you have not owned a home in the past three years but your spouse has owned a principal residence, neither you nor your spouse qualifies for the first-time home buyer tax credit. However, unmarried joint purchasers may allocate the credit amount to any buyer who qualifies as a first-time buyer, such as may occur if a parent jointly purchases a home with a son or daughter. Ownership of a vacation home or rental property not used as a principal residence does not disqualify a buyer as a first-time home buyer.

 

If you are not married then it is only your information that should be looked at for the credit. I found nothing about looking at ex spouse to qualify.

 

I sincerely XXXXX XXXXX information is helpful,

Customer replied 1498 days and 8 hours ago.

Thanks, XXXXX XXXXX your answer. And when I buy a house, who should I contact to let them know that I am qualified for the program: Mortgate broker or real estate broker?

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Expert:  Robin D replied 1498 days and 8 hours ago.

Hello again,

The credit is claimed using Form 5405. When you purchase your home you will file the Form 5405 with your tax return to claim the credit.

Thanks again and good luck,

Expert TypeSenior Tax Advisor 4
Category: Tax
Pos. Feedback: 98.8 %
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Answered: 4/6/2009

Experience: 15years with H & R Block. Divisional leader, Instructor

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Customer replied 1490 days and 21 hours ago.

Hi,

I'm a little bit confused about the Accept button. Do I need to hit Accept for every answer? If so, is there a $15.00 charge for every time I hit Accept or you just charge for one transaction.

Thank

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Expert:  Robin D replied 1490 days and 11 hours ago.

Hello again,

I see where you have accepted and been charged once. You do not have to respond to this post.

Thank you and good luck

 
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