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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 14876
Experience:  15years with H & R Block. Divisional leader, Instructor
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My husband owned a house while we are married, but my name

Customer Question

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
Submitted: 8 years ago.
Category: Tax
Expert:  Robin D. replied 8 years ago.


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 8 years 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?
Expert:  Robin D. replied 8 years 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,

Robin D. and 2 other Tax Specialists are ready to help you
Customer: replied 8 years ago.


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.


Expert:  Robin D. replied 8 years 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