BEST ANSWER
Hi Larabelle;
Couple of questions - does he still own the home?
If no - have he not owned property for the past 3 years - if not then yes you would both qualify.
If he either still owns it or has sold it in less than the previous 3 years, you would not be qualified as you are married and his position would negate yours.
I have additional tax credit information on my website http://www.robertanopson.com
I hope this helps.
Roberta Nopson
Accreditied Buyers Representative
503-495-5231
Best of luck.
Sun Jun 14 2009, 17:33