Hello again jack,
You are correct in the fact that if he is not listed as an owner, then he cannot claim his share of the credit. However, at the same time you would not be allowed to claim the entire $8,000 credit, even though your name is XXXXX XXXXX one on the deed, based on the fact that you are filing separate returns.
When you are married and you file for this credit, the most that either spouse can claim when filing a separate return is $4,000, regardless of how the deed is titled. The only way that you would be able to file for the entire $8,000 credit is by filing a joint return, in which case the end result would be the same, as they would withhold your husband's share to pay his child support.
may very well have been written in this manner just exactly because of situations like yours where one spouse has an offset to satisfy. The IRS is sure to close any loophole that would allow a taxpayer with an offset to get around that by having his or her spouse file for the entire credit.
The only possible way that you would have around this is if you had a totally different person listed with you on the deed as a co-owner who also qualified for this credit. Perhaps your mother or a brother or someone you could list as a joint owner, and have them file for the other half of the credit. Of course under the law, that person is also required to be an occupant of the home, so even in that case you are limited to what you can do here.
But unfortunately, that would be the only way that you could claim any more than $4,000.
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Thank you jack.