When I married my husband in 2006 he already had a home, I was in a rental and never owned a home. I moved in with him. He sold that home in 2007 and he bought a new home. Although married, my name was not on the mortgage, title, or any documentation for the home. We divorced in 2008 and I did not go after any of the house or it''s equity, I simply walked away. We are now reconciling and considering a home purchase. If I apply for a mortgage and he cosigns, can I still get the first time home buyers credit? We would not be married at time of home purchase.
Grehyn, if you were not on the note, and you have not claimed the deduction on your income tax...you would qualify as a single buyer. Also remember that in order for you to qualify only your income and credit will be considered (he cannot be involved in the transaction in any way).
As always it is a good idea to seek an advise of real estate lawyer or knowledgeable CPA....
everything best in your new home quest...
Bo in Yukon
This is a question that should certainly be directed to your tax-preparer, as real estate agents are not allowed to provide tax or legal advice. I advise you to seek counsel from a CPA. That said, I believe you will not qualify ... not because a co-signer home owner is involved, but because you were previously married when a home was owned and thus you, too, owned it. Guilty by association, so-to-speak :-)
Hi, Grehyn:
When asking a question like this, it's always good to go straight to "the horse's mouth" - in this case, the IRS. To check out frequently asked questions on this topic, you might want to see what the IRS says. This is the link for some of the questions: http://www.irs.gov/newsroom/article/0,,id=206294,00.html.
I hope that information will be of use to you.
Nope. If either person on the note has owned in the last three, it nullifies.
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