Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

Hello! I am a 49 year old military vet that has never ever

Hello! I am a...
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?
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
4/1/2010
SoloLawyer
SoloLawyer, Attorney
Category: Legal
Satisfied Customers: 3,472
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
Verified
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?

Thanks,

Michael
Ask Your Own Legal Question
Customer reply replied 7 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?

Thanks,

Michael
Ask Your Own Legal Question
Customer reply replied 7 years ago
No and she is not listed on my offer sheet either.
Thanks.

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,

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
SoloLawyer
SoloLawyer, Attorney
Category: Legal
Satisfied Customers: 3,472
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
Verified
SoloLawyer and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask SoloLawyer Your Own Question
SoloLawyer
SoloLawyer
SoloLawyer, Attorney
Category: Legal
Satisfied Customers: 3,472
3,472 Satisfied Customers
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense

SoloLawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I was approved for a loan from a India company which
I was approved for a loan from a India company which supposedly has a office in New Jersey. Shou … read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
Fathers credit app denied at bank for unsecured loan.
fathers credit app denied at bank for unsecured loan … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,495 satisfied customers
If your husband secretly refinances a loan and forges your
if your husband secretly refinances a loan and forges your signature in the loan contract, are you obligated to pay this loan? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,665 satisfied customers
I loaned money to a friend. I first loaned him $3000 and he
I loaned money to a friend. I first loaned him $3000 and he paid me $100. He then asked for an additional loan of 2100 so the total loan was $5000. He has breached his agreement to pay me a minimum of… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,451 satisfied customers
I have been in the process for a loan modification (Making
I have been in the process for a loan modification (Making Homes Affordable) with bank of america since December of 2010. My first application was denied because they lost paperwork I sent (which I wa… read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master\u0027s Degree
3,895 satisfied customers
We have made a personal loan to an individual and they used
we have made a personal loan to an individual and they used a vehicle as collateral and have defaulted on the terms of the loan. Do we need to do anything to notify them that we are selling the vehicl… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
I consigned with brother on a personal loan. Now he is
I consigned with brother on a personal loan. Now he is filing bankruptcy. I want to pay off this loan without it being included in his bankruptcy but his lawyer says I can't. I live in Alabama. Bank i… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
Im confused as to how to deal with student loan issues. In
im confused as to how to deal with student loan issues. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,451 satisfied customers
I loaned a person money to purchase my business. They
Hello, I loaned a person money to purchase my business. They defaulted 3 years into the 5 year loan. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,665 satisfied customers
I have to default on my loans i have 5 position loans.
i have to default on my loans i have 5 position loans … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
A law firm helped with a loan modification which was done.
A law firm helped with a loan modification which was done. We make our first new mortgage payment in November. However, the law firm cashed one 1200.00 check we paid them and have 3 post dated checks.… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
This is complicated. I joined 2 sibling in a bank loan for a
This is complicated. I joined 2 sibling in a bank loan for a start up company. We all put up our incomes to guarantee the loan. I, however, also put up a building lot 1/4 acre along with my down payme… read more
Bill Attorney
Bill Attorney
law
1,421 satisfied customers
What is the status of limitation on unpaid car loan for a
what is the status of limitation on unpaid car loan for a lawsuit? … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,218 satisfied customers
If you are a loan officer in the state of and the customer
If you are a loan officer in the state of Virginia and the customer gives you permission to sign the LE from a lock extension because they are at work and cannot get to a computer and it has to be sig… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
Loan repayment. Texas. NO it was a personal loan made there
NO it was a personal loan made there is evidence but nothing was signed … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
According to a payday loan i did not repay a loan, now some
according to a payday loan i did not repay a loan, now some collection agency are demanding 980.00 for a loan that was 300.00 where can I go and find if they have the right to do so, they said I have … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Car loan sold to another loan company did i have to sign
Car loan sold to another loan company did i have to sign again as copayee? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I have an installment loan from American web loan and they
I have an installment loan from American web loan and they are charing me PERCENTAGE RATE The cost of your credit as a yearly rate. 591.01% … read more
Landon Lerner
Landon Lerner
Founder of San Diego Office
Doctoral Degree
12 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x