Ok, not believing the man from one of the store front tax places, here is the issue

Bought a home in August of 2009, my primary residense. The last home I owned was owned jointly with my wife ( who was exwife when I bought the house in 2009)

Since I bought the home as a single person, they said, that the home I owned with my ex did not count as owning a home.

So they want me to claim the credit.



IE, I already filed without the credit, but was told I could file an admended one claiming the credit.

Perhaps Atlanta Tax needs to come over to my home for pespi and get me straight ? ( LOL)


*** Also I was not using the service, I file my own taxes, but was talking taxes to the manager of one of the stores who told me this.

Fr_Chuck: Since you bought the home before November 6, 2009, you can not take the credit if you had "ownership interest" in any home within the three years prior to the purchase of this new home. I am assuming that your divorce occurred some time after August 2006 - please correct me if I am wrong - in which case you had ownership interest within the previous 3 years. If you had bought after Nov 6 2009, you could take the credit IF you had lived in that previous home for at least 5 consecutive years of the previous 8.

Here are some scenarios that are similar to yours: First-Time Homebuyer Credit: Scenarios (http://www.irs.gov/newsroom/article/0,,id=206294,00.html)

Check out S6 - it's not exactly your situation, but note that it says:
Section 36(c)(1) requires that the taxpayer and the taxpayer's spouse not have an ownership interest in a principal residence within the three years prior to the date of purchase. While individuals do not have to be married to get the credit, marriage (and legal separation) imputes ownership of a previous home upon the other spouse.