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Home > Money & Services > Taxes   »   First Time Homebuyer Credit w/ Unmarried Couple

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Old Oct 27, 2009, 04:31 PM
Dupydog
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First Time Homebuyer Credit w/ Unmarried Couple

My girlfriend and I are buying a house together. I am not eligible for the credit b/c I already own a home. I will be putting the down payment down, but we will be splitting the mortgage. We will both be on the deed, but under tenancy in common. This allows us to provide different ownership percentages, and hers will most likely be under 50%.

Can she claim the entire credit since I am not eligible?

Also, how can we divvy up the mortgage and property tax deductions?

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Old Oct 27, 2009, 04:39 PM   #2  
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This was just answered in my local newspaper - you CANNOT get the first time homebuyer's credit if a person on the mortgage or deed is, in fact, not a first time home buyer.

I'm curious to see what anyone else has to say because I considered this - I've owned several parcels of property and was thinking of buying property with someone else who is a first-time buyer. Both bank and mortgage company told me the property would have to be held exclusively in the other person's name.
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Old Oct 28, 2009, 02:23 PM   #3  
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Did this local newspaper quote anything official (e.g. IRS publication)?
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Old Oct 28, 2009, 02:25 PM   #4  
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I didn't save the article and so I don't know.

But I DID find this which seems to say just the opposite: Federal Housing Tax Credit for First-Time Home Buyers: Frequently Asked Questions
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Old Oct 28, 2009, 02:47 PM   #5  
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I have found some articles and IRS publications which say that my girlfriend can get the whole credit. I just haven't found anything that's crystal clear, nor have I found anything addressing the ownership interest.
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Old Oct 28, 2009, 03:11 PM   #6  
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Since you are BOTH on the deed, she CANNOT claim the entire $8,000 credit.

She CAN claim half of the credit ($4,000) if her ownship is at 50%. If not, then she needs claim the credit based on her percentage of ownership.

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JudyKayTee agrees: Thank you - I find very conflicting info and needed to hear from an expert.
Clough agrees: Always so helpful and accurate!!
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Old Oct 28, 2009, 09:01 PM   #7  
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I have read publications that state differently, but most of what I've read applies to the old $7500 deduction. Can you state your sources please? Thanks
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Old Oct 28, 2009, 10:01 PM   #8  
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I think I already did - above.

"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 home buyer tax credit. However, unmarried joint purchasers may allocate the credit amount to any buyer who qualifies as a first-time buyer, such as may occur if a parent jointly purchases a home with a son or daughter. Ownership of a vacation home or rental property not used as a principal residence does not disqualify a buyer as a first-time home buyer."
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Old Oct 29, 2009, 04:26 AM   #9  
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I meant the AtlantaTaxExpert. I was just wondering where he's getting his info from?
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Old Oct 29, 2009, 08:51 AM   #10  
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Possibly the same site I got mine from because "Atlanta" says the same thing I quoted.
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