IRS First Time Homebuyers Credit Prob HELP!!

[tikisurfgod]

What is the name of your state (only U.S. law)? New Hampshire

My fiancee is currently having a problem with her ex-husband. They had bought a house together and have mortgage payments. My fiancee received her first time home buyer's credit check from the IRS in the mail. She called her ex to get him to sign it but he refused. It was unclear whether the check needed both signatures or not anyway. It didn't say that it did. What happened after was my fiancee signed only her name, not his and tried to deposit it into her bank. The girl at the bank asked a couple of other people working at the bank about it and not more than a few minutes later sent down the receipt showing the check had been deposited. In this rebate check my fiancee and her ex are each entitled to half of it but they have to pay back their half to the IRS by next year. My fiancee got a cashier's check for half the amount and sent it to her ex. Now he has called her bank and complained to them about it and they have frozen her accounts claiming the check should have had 2 signatures and now they tell her that she needs to pay back her half of the money but she doesn't have it to pay back. The bank says they are going to contact the IRS and see about how to handle the situation. They claimed they didn't want to be in the middle of the fight between her and her ex but they froze her account though. It seems to me that the bank is the one that is at fault and not my fiancee. Any advice on what to do or how to handle this situation would be greatly appreciated.

 

[mistoffolees]

Have your fiancee pay her ex-husband his half of the rebate.

As I understand it, she and her husband bought a home and therefore fulfilled the requirements for receiving the credit. The credit was earned at the point when the house was purchased.

How would you feel if the check had been sent to her ex-husband, instead? Do you think that he would have been within his rights to keep all the money?

Amazing how often greed overcomes fairness.

 

[tikisurfgod]

She paid him his half in the form of a cashier's check. He has his half of the money but still complained to the bank about her depositing the check to begin with. He told the bank he would take back the cashier's check that she mailed him. He has his half, that's the point and that's why I don't know why he's complaining.

 

[LdiJ]

She paid him his half in the form of a cashier's check. He has his half of the money but still complained to the bank about her depositing the check to begin with. He told the bank he would take back the cashier's check that she mailed him. He has his half, that's the point and that's why I don't know why he's complaining.

Did he want the check to go straight back to the IRS because they have to sell the home?...because they are splitting up?

 

[tikisurfgod]

I believe he wanted the check to go back to the IRS but my fiancee had already asked the IRS about such a thing and the IRS told them they couldn't do it because they had already done the adjustments for the taxes or something to that effect. Also my fiancee early on tried to stop the IRS from sending her half of the money. They told her she would need to fax them this paper in order to do so and she did what they asked her to do but they told her it was too late to stop her half of the money. Everybody my fiancee had asked told her she did the right thing by depositing the money into her back (since she didn't sign his name on it or anything illegal like that) AND she also sent him his half of the rebate which he was entitled to.

 

[mistoffolees]

She paid him his half in the form of a cashier's check. He has his half of the money but still complained to the bank about her depositing the check to begin with. He told the bank he would take back the cashier's check that she mailed him. He has his half, that's the point and that's why I don't know why he's complaining.

I missed that part.

Tell him to bring the cashier's check back and they will go to the bank together and sign the rebate check and he can take his half in a bank check. They're adults - they can't work out something so simple? They're each getting their half, so why in the world are they fighting over something stupid like that?

 

[tikisurfgod]

She sent him the cashier's check after she deposited the IRS check. She sent it to him certified mail so she would have a paper trail proving that he received it. They aren't on speaking terms but she knew that he was entitled to half of the money so that's what she did was send it to him in the form of a cashier's check. (maybe my terminology of the check she sent is off though) because I think it was probably a bank check and not a certified one because she had it drawn up at her bank. I just don't understand what his deal is because he got his half of the money that he was entitled to get but is still complaining. I think it's just his way of trying to continue to be abusive and controlling to my fiancee just like he was through out their marriage. Why else would you have a problem receiving a check in the mail in your name for over $4,000? I know if I received such a check that would be a good day for me.

 

[mistoffolees]

She sent him the cashier's check after she deposited the IRS check. She sent it to him certified mail so she would have a paper trail proving that he received it. They aren't on speaking terms but she knew that he was entitled to half of the money so that's what she did was send it to him in the form of a cashier's check. (maybe my terminology of the check she sent is off though) because I think it was probably a bank check and not a certified one because she had it drawn up at her bank. I just don't understand what his deal is because he got his half of the money that he was entitled to get but is still complaining. I think it's just his way of trying to continue to be abusive and controlling to my fiancee just like he was through out their marriage. Why else would you have a problem receiving a check in the mail in your name for over $4,000? I know if I received such a check that would be a good day for me.

It really doesn't matter. If he wants to be a pain, he will.

As I said, I would suggest that she meet him at the bank. He gives her the cashier's check which she redeposits. He signs the IRS check and the bank release and takes his half in a bank check.

If they can't agree to do that, then she'll have to go back to court to get an order for him to sign.