First time buyer tax incentive!

[Mechx62]

My wife left me march of 2009. We are still legally married, but haven't lived under the same roof since then! She has dragged her feet to file separation or divorce papers, but she has made it more than known that she is not coming back.
Anyway I have moved on with my life because I have 2 girls from a previous marriage that I must provide for. When I realized I was wasting my hard earned money on rent and that I qualified as a "first time buyer" I bought a house**************my name,credit, and merit all alone!!!! Her name is no where in the picture.
I went to file my taxes and the tax prep person/persons are telling me that I can only file for $4,000 of the $8,000 tax incentive and that she is liable to file for the other $4,000!!!
My questions is: Is this true? Is there no exception to this rule since we have been separated for going on 11 months now? I need guidance on how to go about this!!! Can anyone please help?What is the name of your state (only U.S. law)? Virginia

 

[LdiJ]

My wife left me march of 2009. We are still legally married, but haven't lived under the same roof since then! She has dragged her feet to file separation or divorce papers, but she has made it more than known that she is not coming back.
Anyway I have moved on with my life because I have 2 girls from a previous marriage that I must provide for. When I realized I was wasting my hard earned money on rent and that I qualified as a "first time buyer" I bought a house**************my name,credit, and merit all alone!!!! Her name is no where in the picture.
I went to file my taxes and the tax prep person/persons are telling me that I can only file for $4,000 of the $8,000 tax incentive and that she is liable to file for the other $4,000!!!
My questions is: Is this true? Is there no exception to this rule since we have been separated for going on 11 months now? I need guidance on how to go about this!!! Can anyone please help?What is the name of your state (only U.S. law)? Virginia

Unless you would legitamately qualify for a filing status other than married filing separately, there is no exception.

 

[Mechx62]

This is what I am asking!?! Do I qualify under the circumstances for a different filing status? (i.e., separation period, proof of different living accommodations, go back with attorney and retro separation status to first day she left to present, etc., etc., etc.!?!)