Marriage and FTHB

[erchess]

TTB 1040 Edition on pg 11-5 States that ownership of a main home is imputed to a spouse even if the spouse does not actually have an ownership interest in the home and that the imputed interest does not end with separation.

My question is, does divorce end it? My client lived in the same main home with her husband for four and a half consecutive years during the eight years preceding her purchase of a new main home. They divorced after four and a half years. If it matters he continued to use the place as his main home to the present day. Does it matter? I am thinking not but the separation language in TTB gives me a tiny glimmer of hope.

[spanel]

TTB 1040 Edition on pg 11-5 States that ownership of a main home is imputed to a spouse even if the spouse does not actually have an ownership interest in the home and that the imputed interest does not end with separation.

My question is, does divorce end it? My client lived in the same main home with her husband for four and a half consecutive years during the eight years preceding her purchase of a new main home. They divorced after four and a half years. If it matters he continued to use the place as his main home to the present day. Does it matter? I am thinking not but the separation language in TTB gives me a tiny glimmer of hope.

separation = divorce.

didnt live there 5 out of the last 8 years... no LTHB.
lived in a house she had interest in, in the last 3 years... no FTHB.

Sounds like shes out of luck.

chris

[solomon]

If it matters he continued to use the place as his main home to the present day. Does it matter?

Unless I am misreading your years, she had no imputed ownership within the prior three years of the purchase date of her new home. Her ex-husband's ownership and use of the old home during that time should be irrelevant.

[erchess]

Clarification

Until less than two and a half years ago she was living with a husband in a house he owned and therefore she does not qualify for the regular FTHB. I am trying to figure out whether she might fit under the exception for Long Time Homeowners and I think the answer is no because as far as I can tell she has never in her adult life had the same main home for even three consecutive years.

[solomon]

Until less than two and a half years ago she was living with a husband in a house he owned and therefore she does not qualify for the regular FTHB. I am trying to figure out whether she might fit under the exception for Long Time Homeowners and I think the answer is no because as far as I can tell she has never in her adult life had the same main home for even three consecutive years.

Agree - no credit.