If my husband sells me the house after divorce will I qualify for the $8000 first time home buyer tax credit?

My husband and I are separated and divorcing and I plan on purchasing the house from him in the divorce. The house, mortgage and title are in his name only. Will I qualify for the $8000 tax credit once I buy the house since the divorce should be final by the time it is purchased or only the $6500 credit? What would be different if the divorce is not final when I buy the house?|||On the face of it, sounds like you are a first timer.





But tax and divorce law are complex, being a combination of state and fed, so talk to your lawyer to be sure to do it right. You may need to do certain things in the divorce negotiation to solidify your legal/tax position.|||No, you don't qualify for either credit.|||Do you live in a community property state? If so, you already own half the house. Are you paying full market price for the house, or half in a property settlement? You already own half the house if you are only paying him half. No way you are going to get the tax credit.|||Probably not, for several reasons. One is that you are related, albeit the relationship is ending, with the person selling the house. The second is that you will still have been considered to have owned a home in the last three years, so would not qualify for the first time home buyers tax credit.





However, if you have owned the home for the last five years, you may qualify for the $6500 credit, but you would still not be able to purchase the home from a family member/spouse. So, to qualify you would need to purchase it from someone unrelated to you.