[quote=itsj0nathan][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][/quote]
This is not legal or tax adivce, but here are the facts as I undersdtand them …
1. Both transactions occurred during the 2009 Tax year.
2. You were married in 2009, soYour choices are:
Married, filing jointly
or
married filing separately
3. If you file jointly, both spouses have to qualify. Since the spouse that bought earlier in the year was not a first time homebuyer, the second purchase would not meet the requirements under married filing jointly.
4. If you file separately the maximum credit is $4000.
So, it appears that the most you can get is a total of 8K. However, I would consult legal tax advice on this case to see if there is a loophole.
Otherwise, you could go ahead and claim both credits at the risk of possible audit.
Note that to be audit proof you would also have to convince the IRS that you each live the majority if the time in these separate dwellings.
