Sorry I am getting very tired but..another home buyer credit question

[Art]

I would really appreciate your thoughts on this:

John & Mary lived together (unmarried) in 2009 in John’s house. They plan on living together in 2010, but not get married in 2010.

John was divorced in May 2009. He and his former spouse lived in a home which was titled in his name only for over 5 years when she moved out in 2009. John retained the home after the divorce.

Mary was also divorced in Nov 2009. Her former spouse was the sole owner of the home they lived in for 6 years before she moved out in Dec 2008. Only his name appeared on the title, deed, loan, ect. He retained the home after the divorce.

If John were to buy a new home in 2010 would he be entitled to the FTHBC ? NO, because he fails the 3 year rule. Agree?

But could he qualify for the long-term credit? It appears he meets the 5 out of 8 year test so he should qualify. Agree ?

If Mary were to buy a new home in 2010 would she be entitled to the FTHBF? No, because of the imputed ownership with her former spouse. Agree?

But could she qualify for the long-term credit ? Even though she was not on the title, deed or loan documents she would still be considered an “owner” for purposes of the 5 out 8 year test. Agree ?

[ChEAr$]

Agree with all but the last, about Mary qualifying by virtue of having equitable ownership.

but John may still buy the house and qualify for the $ 6,500 I think.

[Art]

so... the imputed ownership rules for the FTHBC does not apply when you are looking at the long-term credit ownership (5 out of 8 year) test? The IRS disqualifies you for the FTHBC because you were married, but then turns around and denies the long-term credit because you are not deemed to have "owned" the home under the same facts.

I guess as long as John can qualify it really doesn't matter. The credit will still be taken.
The main thing would be for John & Mary not to be married when the house is purchased.