This is a legal question involving analys of the detail on US First Time Homebuyer Tax Credit Law. For answer to this and other hypothetical questions, I recommend that you contact the IRS directly ... or see their web site at http://www.IRS.gov. Follow links there to Q and A on first time homebuyer tax credit.

If you already bought this property and closed escrow, consult with your attorney or CPA on whether either one of you can get any part of the first time homebuyer tax credit.

With friends and associates who are highly qualified real estate lawyers here in Orange County, I will provide you with information about them if you let me know about you by email contact or telephone call.

I am a real estate broker ... and also a lawyer for many years here in Orange County. My business is real estate and no longer do lawyering for individual clients.

Harrison K. Long, Coldwell Banker Previews, Irvine, CA.
http://www.ExploreTheOC.com
ExploreProperties@gmail.com

Absolutely not. Here is a link to the guidelines for the credit:

http://www.federalhousingtaxcredit.com/2009/index.html

Good luck closing your escrow.