Ask the taxgirl: Subsequent Marriage and Homebuyer’s Credit

August 4, 2009 · 3 comments

Taxpayer asks:

Single taxpayer elgible for and takes advantage of $8000 first time homebuyer credit. Prior to 3 yrs ownership, taxpayer gets married and wishes to put new spouse name on deed. Does that disqualify and require repayment of the $8000?

Taxgirl says:

Nope. Eligibility for the first-time homebuyer credit is determined on the date of purchase. Subsequent marriage does not trigger repayment of the credit.

Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.

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{ 3 comments… read them below or add one }

1 Andrew S. February 14, 2010 at 11:30 am

Hello:
Please be so kind to help me.
If wife owned a house prior to marriage, got married and sold that house last year (August, 2009) already being married, and husband never owned any house. Can her husband at least qualify to get First Time Homebuyer credit, or not?
I trust this will receive your consideration.

Kind regards,

Andrew S.

2 Andrew S. February 14, 2010 at 11:46 am

Hello:
I still have a question relating to married couple, please.
If wife got married and right away she sold her house in August, 2009, but her husband never owned any property, and they purchased their new home in September 2009, could her husband qualify for First Time Homebuyer credit if he filed married separate now? No one answered this scenerio, yet!
Thanks.
Andrew S.

3 Kelly February 14, 2010 at 5:41 pm

I would say no. The rules for married couples remain the same, irrespective of filing jointly or separately. I think wife’s purchase disqualifies husband.

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