If your Husband is having absoultely nothing to do with the purchase , eg. not on the mortgage, you will still qualify for the credit BUT you have to remember that even though you will qualify under the plan and your husband will not be on the Mortgage Note since you file jointly you may be subject to the couples income limits not just the single. Here is an excerpt:
The maximum allowable credit for home buyers is $8,000. Each home buyerâ€™s tax credit is determined by two factors:
The price of the homeâ€”the credit is equal to 10% of the purchase price of the home, up to $8,000.
The buyer's incomeâ€”single buyers with incomes up to $75,000 and married couples with incomes up to $150,000â€”may receive the maximum tax credit.
If the Buyer(s)â€™ Income Exceeds These Limits, Can He/She Still Get a Credit?
Yes, some buyers may still be eligible for the credit.
The credit decreases for buyers who earn between $75,000 and $95,000 for single buyers and between $150,000 and $170,000 for home buyers filing jointly. The amount of the tax credit decreases as his/her income approaches the maximum limit. Home buyers earning more than the maximum qualifying incomeâ€”over $95,000 for singles and over $170,000 for couples are not eligible for the credit.
SO if you make 30,000 per year and your husband makes 150,000 you may not qualify.