Let me change my answer to probably no, but check with a CPA. The IRS Q&A says a person whois not making payments, but IS on the Deed AND Mortgage would qualify.

Here is something I pulled from the IRS website:

Q. If a person does not actually make the payments on a home that’s their primary residence, but the deed and mortgage documents are in their name, can they be considered a first-time home buyer?

A. Yes. If a taxpayer purchases a home to be used as a primary residence from an unrelated person and has not owned a home within the previous 36 months, the taxpayer is eligible for the first-time homebuyer credit regardless of who makes the mortgage payment. (05/06/09)

Here is the link to the IRS article: http://www.irs.gov/newsroom/article/0,,id=206291,00.html

I see you are from Strasburg, VA. That is my Hometown! Graduated from SHS in 92. I am getting old.

Good Luck!

Brent Mullins
RE/MAX Commonwealth
http://www.SearchRichmondRealEstate.com
http://www.ForeclosureHelpInRichmond.com