Yes, if either of these conditions are met:

1. You buy on your own, close before you marry and file an amended tax return for 2008 to claim the credit,

or

2. It has been at least 3 years since he has owned a home

I clipped this from a flyer that I hand out to my potential first time buyers:

"For married taxpayers the law tests the homeownership history of the homebuyer and his/her spouse. For example, if you have not owned a home in the past three years but your spouse has owned a principal residence, neither you nor your spouse qualifies for the first time buyer credit."

This means that if your husband hasn't owned a primary home in the past three years, you both would be eligible to recieve the credit. I'll post a link to a site that should answer any other questions you may have.

That is a good question, I'm not sure. Your banker you have been visiting with about financing would be the best one to ask this question.