Karen Lee Posted May 20, 2011 Report Share Posted May 20, 2011 Couple purchases another home 4/22/10. Keeps old main home (has had for 15 years). Couple separate and divorce 2010. MFJ; AGI 2010 $107,921.00 Wife keeps new house and husband keeps old house. There are 4 children, 1 adopted special needs child. I cannot find anything that disallows the credit. What do you think? Thanks Karen Quote Link to comment Share on other sites More sharing options...
TAXBILLY Posted May 20, 2011 Report Share Posted May 20, 2011 Can't file MFJ if they divorced in 2010 as you state. taxbilly Quote Link to comment Share on other sites More sharing options...
Karen Lee Posted May 20, 2011 Author Report Share Posted May 20, 2011 Can't file MFJ if they divorced in 2010 as you state. taxbilly You are correct. Divorce not final until early 2011. Just living apart 12/31/10 Karen Quote Link to comment Share on other sites More sharing options...
Lloyd Hudson Posted May 21, 2011 Report Share Posted May 21, 2011 You are correct. Divorce not final until early 2011. Just living apart 12/31/10 Karen NOt a ruling but: one of my clients went for homebuyers credit, disallowed because 1098 in his name in the previous 5 years. turns out it was rent to own scam, and the seller got him a new loan in 2010 and 1098 had been going to "seller". IRS concludes that he was a homeowner. I suspect that the same will be true in your case. Probably able to battle it but at what cost? Quote Link to comment Share on other sites More sharing options...
jainen Posted June 7, 2011 Report Share Posted June 7, 2011 >>Wife keeps new house and husband keeps old house<< I think both spouses must qualify for the credit, and obviously one of them did not acquire a new principal residence. Quote Link to comment Share on other sites More sharing options...
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