if a couple is mfs and spouse not on loan or deed

does other spouse qualify for remaining half of credit even though not on loan or deed?

do inlaws qualify as related to taxpayer?

if mfj and loan or deed is only in 1 spouses name do they still qualify for full credit?

Thanks for your help

Diane

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http://www.irs.gov/newsroom/article/0,,id=204671,00.html

taxbilly

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Well... the link by taxbilly certainly provides information but it does not answer the question. I'm sure taxbilly knows the answer but just doesn't like to commit his opinion to print.

The question raises serious issues that have not been addressed by the IRS as far as I know. However, my opinion is that to claim the full credit both spouses must be owners which would require both names on a deed. A deed shows ownership, the loan is irrelevant.

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>>I'm sure taxbilly knows the answer but just doesn't like to commit his opinion to print.<<

Old Jack, you give me more credit than I deserve. I thought I knew the ins and outs but the law has been changed a few times and I'm now as confused as anyone else. :~)

taxbilly

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thanks oldjack, i have read an enormous amount of info on this subject but am still confused as to why the mfs spouse only qualifies for 1/2 the credit, the other spouse has not owned a home in the plast 3 years. i think i would be better off to file mfj on the amendment to get the full credit even if it costs a little on the state of ohio .

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If one spouse could claim the full credit and file as 'married filing separate' what would keep the other spouse from doing the same thing getting another full credit? That is why I don't think you can get full credit with MFS status.

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