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Old 02-17-2011, 09:42 PM
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Join Date: Feb 2011
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what is best for me?

I wanted to know what is best for me. I am legally married but currently in the middle of a divorce, and I have been living apart from my husband since march of 2010. I am in college and we have a daughter. In march I bought a house with money from my parents, who are living with me as well. I do not want to file taxes with my husband because he hides stuff from me and the house is really for my parents and me. He refuses to talk to me or give me any money. can I file taxes on my own, being that I do not have an income claiming our daughter? so I can get the house tax credit? If my father claims for us can we still be able to get the house tax credit? what should I do? I do not want to file with my husband?Help



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Old 02-18-2011, 07:49 AM
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Join Date: Oct 2010
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“ so I can get the house tax credit?”---> You must meet the required deadlines to be eligible to claim the credit; you must have bought or entered into a binding contract to buy a principal residence on or before April 30, 2010 and your name should be on the deed and mortgage . If you entered into a binding contract by April 30, 2010, you must have closed (gone to settlement) on the home on or before Sept. 30, 2010 (legislation passed in July 2010 extended the June 30 deadline previously in effect). However,either You or your husband MUST not have owned a principle residence any time during the three years preceding the purchase of the new home.
Please visit the website here for more info; Federal Housing Tax Credit: Frequently Asked Questions About the First-Time Home Buyer Tax Credit
“ If my father claims for us can we still be able to get the house tax credit?”--> You cannot claim the house credit for any year for which you can be claimed as a dependent on another person's, your parents, tax return. This rule applies to homes purchased after November 6, 2009.
“ what should I do? I do not want to file with my husband?”--->As said above you, as a custodial parent, can file either as HOH or MFS; you can claim the Head of Household (HOH) filing status on your tax return if you are unmarried or considered to be unmarried(married but lived apart from your spouse for at least the last six months of the year) , have cared for a dependent for over half the year, and paid more than half the cost of maintaining a home. If you can’t satisfy these conditions, then you can file your return as MFS.



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