I bought a house with my fiancé in may 2008 it is my first home he was in the process of selling his condo at the time we got married in Nov 2009 - both of our names are on the house ( my maiden name since we were not married at the time of purchase) Can I still get the $3750 credit ? Do I file separately? What are the requirements in the propsed credit? Am I in a bad spot because we got married?

Sorry, but my reading of the instructions and Pub 550 leads me to conclude that you CANNOT claim the credit because your husband owned a home within the three-year time limit.

When you got married, you effectively eliminated your eligibility for this credit, because the IRS considers you married for the ENTIRE year, which includes the time you bought the house.