Hello all,

I know that you can not give me legal advice, but I was wondering if any of you filed or had the other person file a quit claim deed for your house. My husband has left us and is living out of state with his girlfriend...we were married 33 years and are now in a poor financial state. Husband had his own small construction company for years (he was just a subcontractor)and there is nothing but bills to show for it. He has not paid taxes in two years, so in order to keep my house I was wondering if he could quit claim it to me so that the IRS can not take it? Any suggestions would be appreciated. He is not being vindictive yet anyway...but he is not the man I knew so am trying to figure out what to do next. I do not have a career (I work 32 hours a week and just got benifits) and also have a 14 year old at home and a 75 year old mother who lives me with in her own downstairs apartment. Not sure what to do next.
Thank you for any ideas.

I don't know about in your state, but in NY, where I live a quit claim give you title to the house, which I did for my W, but if it was the marital home, the IRS can still take it. Now that depends on if you have more than 50k in equity in your home. You are allowed a 50k personal equity allowance, no matter what taxes you owe, it's only after that the IRS will pursue the home.

I understand your panic, and feelings of fear, have dealt with them myself.

Consult a lawyer for a quick question like that, it shouldn't cost you much.

blessings to you,

- TTM

Absolutely, you need a lawyer for this. Spend the money now so that you won't have to suffer later.

Has the IRS contacted you or your H? If not, there's a fair chance, it will be a while. Did you file your own taxes in the last two years? If not, you need a lawyer asap.

Finally, if the IRS hasn't contacted your STBX, you can use this as a bargaining chip in the settlement. Be smart with this and be careful not to tell anyone except your lawyer, your priest and your shrink. Those relationships are considered "priveldged" and they cannot be forced to testify.

Do NOT tell a CPA or accountant because those people are required to notify the IRS, and I don't think you want to open that can of worms right now.

Thank you for your advice, I know I have to talk to a lawyer, just scared to get the ball rolling myself. Just truely want to wake up and none of this have happened, I know that I can not bury my head in the sand any more though. I do wish I was not having to search these sights out and try to find help. But I do appreciate it none the less. Again thank you.

I do not think that the IRS has contaced my husband, except for a letter asking for his taxes. He is not contacting us at all so not sure what is going on. I did file my own taxes, since he was not and one of us had to keep there credit good. Don't kow if it will have done much good or not. Just truely do not want to be in this position. Thank you for your advice though and I will talk to a lawyer.

It is EXCELLENT that you filed for yourself even though he didn't. It may not stop the IRS from coming after marital property, but it will keep you from being criminally prosecuted.

I know it stinks you have to do this. You didn't create the mess, yet you have to do all the work. (I just recently had to spend $3,000 to force my ex to clean his house to an acceptable level. I'm really angry about it.)

However, you need to protect yourself. Going to an attorney isn't getting the ball rolling, it's finding out how to control where and how fast the ball rolls. Your husband already started the ball rolling when he moved out to be with OW and cut all communication with you.

Your job right now is just to figure out how you can stay above water and survive. You need a lawyer for this, especially since your h is self-employed, hasn't paid taxes in two years and won't have contact with you all. One other thought, depending on the level of threat from the IRS, you may want to hire a tax attorney (and not one from TV!). Or at least make sure your regular attorney can refer you to one if the IRS ends up on your door. You may be able to protect your half of the marital assets since you filed.

Good luck

Thank you again for responding, it was a very bad weekend for me, just trying to get through them is hard. When I am at work it is easier to not get depressed, at home it is hard. Will look at finances and talk to a lawyer as soon as I figure out who and where. Don't know to many people in my position. Again thanks for the words of encouragement.

You're going to be just fine.

You may want to ask around at work for a good lawyer.

Just to clarify what others have said (I'm in NY too)

While the house is in both names, the IRS can put a lien on it for unpaid back taxes. Important to act before this happens. And remember, that unless you own as 'tenants in common' you will be assumed to own it 'in the entirety' which means that they can take the entire house as you both wholly own all of it rather than half each.

If you get a legal separation, you can put in language indemnifying you from tax owed by the other party for those years when you filed separately. Make this reciprocal so he does not object. This must be drafted by a lawyer. It is very common so he is unlikely to protest.

However, this will not protect your house unless this is ALSO owned only by you. In other words, if the house is still in your joint names, the IRS can still put on a lien for his debt. Then, under the indemnification agreement you can go after him for the money but if he has in the meantime declared bankruptcy (for instance) you might find yourself just breathing in and breathing out. . .

The quit claim will be part of this process. Of course he will have to sign it. If the IRS investigates, you will need to prove that this transfer was not done deliberately to hide assets so make sure this is 100% done correctly.

So both the quit claim and the indemnification should together protect you as long as they are part of a legally enforceable agreement such as a legal separation or divorce.