[quote=itsj0nathan]I think you are confused, i was single at the time of purchase and she was single at the time of my purchase, we still live seperately and will do so for three years. Therefore, why would we have to pay either of the credits back as we were both single at the time and we currently still live in the houses we bought. The only change is we are married by law.
Thanks[/quote]
I’m going to retract part of what i said before. Though the instructions are a little bit murky, because they don’t address your situation exactly, it appears that if you actually do live apart for 3 years after the purchases, you might be able to keep both credits. I say this because it seems that even though the purchases were both in 2009, by filing the 2008 amended returns, it becomes a 2008 credit, as opposed to an early payment of a 2009 credit. So your tax status, for both of you, and for both the time you made the purchases and for your 2008 filings, were accurate as single taxpayers.
Providing that you continue to live apart AND can prove that you live apart, might be the only hurdle. Filing separate returns with different addresses might help that.
