The Internal Revenue Service provided the answers below to some complicated - and questionable - questions about the first-time homebuyer credit.

If you have questions on the first-time homebuyer credit, join us for a live chat on Tuesday, Sept. 8th, where IRS spokesman Jim Dupree will answer your questions live. Can't make it? Submit your questions early to me at eileen.ambrose@baltsun.com and view Dupree's answers later on the blog.

Meanwhile, enjoy these Q&As:

Q. Me and my husband purchase the 1st house 3 years ago then we don’t qualify the 1st time home owner credit. But can I use my baby’s name (he is 3 years old ) to purchase a house and let him qualify $ 8,000 credit? Should we file the tax return for year 2009 separately or we can still file him as dependent and get the $8,000 credit?

A: To qualify for the credit, an individual mustbe a purchaser of aprincipal residence and have not had an ownership interest in a principal residence during the three year period ending on the date of purchase. Taxpayers who do not otherwise qualify for the credit do not become eligible for the credit simply by using a minor child’s name. In addition, understate law children under the age of 18 generally are not bound by any contract they sign and cannot be required to comply with the terms of the contract. Thus, it is extremely unlikely that a seller of a home, or a lender if financing is required, would enter into a bona fide sale of a home to a minor child. Merely using the child’s name to purchase a home does not qualify the child for the credit if, in substance, the child is not a bona fide purchaser of the home.

Q. My husband and I are looking to purchase a new home. He is a 100% disabled veteran and on Social Security. He does not pay any taxes. I own a townhouse that we have lived in for the last 3.5 years, and that I purchased prior to our marriage. Can he claim the new home purchase tax credit even if he pays in no taxes so long as he files taxes? If he purchases the new home in his name alone (which is likely the best scenario for us while I try to sell the townhouse), can he still claim the tax credit if we file taxes separately? Under that scenario if he can’t get the tax credit, would it be easier for us to file for divorce by the end of the year so he can file 2009 taxes as single and then donate half of the house to me after remarriage? I’m a lawyer, and worst case scenario under these facts, I pay the $300 for the divorce and $100 or so to get remarried. Did I mention we have a prenuptial agreement? Would that have any effect on the above facts?

A. No. A first-time homebuyer is an individual who has not had an ownership interest in a principal residence at any time during the three years before the date of purchase of the residence. If an individual is married on the date of purchase, the individual’s spouse must also be a first-time homebuyer forthe individualto be eligible for the credit. This requirement must be met even if the spouses file married filing separate returnsor onlyone spousepurchasesthe residence.

Q. I am divorced from my husband and we have been separated since 2005, but only divorced in June of 2009. I filed head of household. He owned a home during this time in another state. I never lived there, had nothing to do with it, wasn’t on the mortgage etc. Am I disqualified?

A. A first-time homebuyer is an individual who has not had an ownership interest in a principal residence at any time during the three years before the date of purchase of the residence. If an individual is married on the date of purchase, the individual’s spouse must also be a first-time homebuyer. In the above situation, if the individual purchased the residence before the divorce, then the individual had a spouse who was not a first-time homebuyer, and therefore the individual is not eligible for the first-time homebuyer credit. However, if the individual purchased the residence after the divorce, then the individual may be eligible for the first-time homebuyer credit. Even though the spouses were treated as not married for filing status purposes (i.e., head of household filing status) under section 7703, that provision does not apply to the first-time homebuyer credit in determining whether an individual is married.

Q. Can you file IRS Form 5405, the First Time Homebuyer Credit, if you are on SSI & Social Security Disability? If so, how when you have never paid income taxes before? Do I just send in Form 5405 after I close on a home in 2009?

A. Form 5405 must be attached and filed as part of a Individual Income Tax return, Form 1040. If you qualify for the credit, you should submit the form along with a Form 1040, even if you have no other tax filing requirement. After you close on the home, you may file an Form 1040 for tax year 2008 and claim the credit even if the home is purchased in 2009 or you can wait to file a 2009 tax return.

Q. I separated with my husband in Jan 07 and I am now divorced but buying a home with my boyfriend who has never owned a home. Will he qualify although my name will be on it too?

A. Yes. A first-time homebuyer is an individual who has not had an ownership interest in a principal residence at any time during the three years before the date of purchase of the residence. A first-time homebuyer may still be eligible for the first-time homebuyer credit even though he co-purchases a residence with an individual who is not a first-time homebuyer and who can not take the credit.

Q. My fiancé and I are buying a home and both of us are on the loan. I am a first time home buyer and I would think my fiancé would be a first time home buyer as well. My fiancé has never owned her own home, but she was in a relationship with a person who owned a home within the last 3 years. She’s has been divorced since November of 08. Her ex-husband’s home was inherited from family. My fiancé’s name was not on the title, but her ex-husband refinanced the home in 2006 and she signed as a tenant. We want to get married before the end of the year. However, we’ve been advised it may eliminate me from receiving the first time homebuyer credit. Need help? Please advise?.

A. A first-time homebuyer is an individual who has not had an ownership interest in a principal residence at any time during the three years before the date of purchase of the residence. If an individual is married on the date of purchase, the individual’s spouse must also be a first-time homebuyer. In the above situation, whether the individual could claim the first-time homebuyer credit depends on whether the ex-wife had an ownership interest in the ex-husband’s home. If the ex-wife had an ownership interest in the previous home and is not a first-time homebuyer, and if the individual purchases the new residence before the date of marriage, then the individual may be eligible for the first-time homebuyer credit. If the ex-wife had an ownership interest in the previous home and is not a first-time homebuyer, and if the individual purchases the residence after the date of marriage, then the individual has a spouse who is not a first-time homebuyer on the date of purchase, and the individual is not eligible for the first-time homebuyer credit. If the ex-wife did not have an ownership interest in the home and is a first-time homebuyer, then the individual may be eligible for the first-time homebuyer credit whether the individual purchases the residence before or after the date of marriage.