question in regards to FTHB credit

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  • taxdude71
    Senior Member
    • Jan 2007
    • 132

    #1

    question in regards to FTHB credit

    Clients are currently married. For 2009, they were seperated. Husban filed HOH and wife filed MFS. Husband amended return to claim $8000 FTHB. Wife is upset she never saw the money. His name is the only name on the title. Does she have any recourse other than in the divorce settlement? I don't think this constitutes fraud, but it sure sounds a little shady.
  • taxdude71
    Senior Member
    • Jan 2007
    • 132

    #2
    Any thoughts?

    Comment

    • WhiteOleander
      Senior Member
      • Jun 2005
      • 1370

      #3
      My only thought would be whether or not the taxpayer was truly qualified to file HOH. If he was, I don't see any problem from the tax point of view. As far as I can tell, HOH would be entitled to the 8000.00.
      You have the right to remain silent. Anything you say will be misquoted, then used against you.

      Comment

      • rgtaxservice
        Member
        • Jan 2008
        • 75

        #4
        ....

        I am a little confused as to why someone would purchase a home while separated with a divorce on the horizon.

        Comment

        • David1980
          Senior Member
          • Feb 2008
          • 1703

          #5
          Originally posted by rgtaxservice
          I am a little confused as to why someone would purchase a home while separated with a divorce on the horizon.
          I would guess he was kicked out of whatever housing they lived in while together and needed a place to stay?

          Comment

          • Burke
            Senior Member
            • Jan 2008
            • 7068

            #6
            Originally posted by taxdude71
            Wife is upset she never saw the money. His name is the only name on the title. Does she have any recourse other than in the divorce settlement? I don't think this constitutes fraud, but it sure sounds a little shady.
            Why should she be entitled to the $$$ if it was his house purchased after they separated? (Assume he qualified as no ownership in last 3 yrs, and was eligible to file HOH.) If he did not, she might have a reason to make things a little difficult for him. HOH status would involve a child. Is she asking for child support? Let her lawyer handle.

            Comment

            • joanmcq
              Senior Member
              • Jun 2007
              • 1729

              #7
              Why do you assume the wife has the child? From the OP, it seems the husband has the child, and bought a home. Why should she be entitled to anything?

              Comment

              • taxdude71
                Senior Member
                • Jan 2007
                • 132

                #8
                Husband has child. There was a brief reconcilation when they bought the house. His name is the only one on the title, but they are both on the loan.

                Comment

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