Money Dispute/Owelty Lien

[NotSure1]

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

I was divorced several years ago, an owelty lien was not signed by me or processed by my atty. My Ex is now trying to sell that home and needs me to sign the paperwork for his title company. I told him that because he did not provide me his W2 for our last shared income tax return where he actually received a return instead of owing (because of my businees expenses/losses etc) that not only was I out 5K+ I had to pay the IRS. At that time he said that it was my problem not his.

I told him, pay me my money from the tax issues and I will sign the paperwork and resolve all of our outstanding financial disputes.

Should we go to court over this issue, would the judge resolve all financial issue or just make me sign his paperwork for money I did receive from owelty lien?

Thank you,What is the name of your state (only U.S. law)?

[mistoffolees]

I'm assuming that the last joint return was several years ago? Even so, something doesn't make sense - why would you sign a joint return if you didn't see it?

You can ask the judge to settle all matters if you wish, but it may well cost more than it's worth. If you simply refuse to sign the paperwork, your ex might either go along with giving you some money back from the taxes or go to court - and you can then present your defense. He's the one who needs to get something done now.

[NotSure1]

The return was filed seperate, only joint in terms of finances being seperated to allow us each to receive a financial benefit from his income and my lossess/write offs. Unfortuantly my accountant filed the initial return including the ex's income that I was allowed to claim, however, with out including the W2. Of course the IRS came back and said they did not have the W2 to verify the income. My accountant contacted the firm that handled the original split and my Ex to get the W2 and after a three year back and forth with the IRS, including copies of the divorce decree the IRS would not accept his W2 for my return and made me pay with interest.
Truly a frustrating mess!

[Ohiogal]

If he was granted the home you are most definitely in the wrong and can find yourself being found guilty of contempt of court if ex pursues that. You are acting childish.

[NotSure1]

Dear Ohiogal, I truly appreciate your time in responding to my legal question.
In reference to the personal comment, have you ever seen the movie "Sleeping with the Enemy"?

Again, I appreciate the legal advice, as for personal feelings...he who live in glass houses or was it, before criticizing walk a mile in someone else's shoes?

Have a great day

[mistoffolees]

Originally Posted by NotSure1

The return was filed seperate, only joint in terms of finances being seperated to allow us each to receive a financial benefit from his income and my lossess/write offs. Unfortuantly my accountant filed the initial return including the ex's income that I was allowed to claim, however, with out including the W2. Of course the IRS came back and said they did not have the W2 to verify the income. My accountant contacted the firm that handled the original split and my Ex to get the W2 and after a three year back and forth with the IRS, including copies of the divorce decree the IRS would not accept his W2 for my return and made me pay with interest.
Truly a frustrating mess!

You're confusing what's legal with what might be 'right' (in your opinion).

If there was no court order forcing him to supply you with his W2, then he has no legal obligation to do so. If there was a court order on the matter, then you would have been able to go to court for contempt to force him to comply.

Whether it cost you money or not is irrelevant if he had no obligation to do things in your favor.

Same thing on the house. If there's a court order that he gets the house, you would normally be obligated to cooperate at some level to facilitate that transfer. Expecting you to sign a document or two is perfectly reasonable. If you refuse, he can go to court to have you ordered to sign - but you could also end up paying legal expenses. Even worse, what happens if the sale falls through because you refused to cooperate? You could end up being sued for damages.

Just grow up and sign the documents you're supposed to sign.

[LdiJ]

Originally Posted by mistoffolees

You're confusing what's legal with what might be 'right' (in your opinion).

If there was no court order forcing him to supply you with his W2, then he has no legal obligation to do so. If there was a court order on the matter, then you would have been able to go to court for contempt to force him to comply.

Whether it cost you money or not is irrelevant if he had no obligation to do things in your favor.

Same thing on the house. If there's a court order that he gets the house, you would normally be obligated to cooperate at some level to facilitate that transfer. Expecting you to sign a document or two is perfectly reasonable. If you refuse, he can go to court to have you ordered to sign - but you could also end up paying legal expenses. Even worse, what happens if the sale falls through because you refused to cooperate? You could end up being sued for damages.

Just grow up and sign the documents you're supposed to sign.

I am not sure that I entirely agree with you and OG on this one.

I am a bit unclear on the tax issues, because the explanation was a bit disjointed, but I do think that logic dictates that all the property/financial issues should be handled at the same time, which I think that any attorney for the OP would also recommend.

[mistoffolees]

Originally Posted by LdiJ

I am not sure that I entirely agree with you and OG on this one.

I am a bit unclear on the tax issues, because the explanation was a bit disjointed, but I do think that logic dictates that all the property/financial issues should be handled at the same time, which I think that any attorney for the OP would also recommend.

It sounds like OP just assumed that she would be able to file jointly, but there was no court order to that effect. Her ex found that it would be to his personal advantage to file separately and he did. Assuming that's what happened, she can't force him to file jointly.

As for the house transfer, if he was given the house in the divorce, she would have an affirmative obligation to assist with the transfer. They didn't handle that at the time, but it doesn't relieve her of any obligation to sign the paper.

She's better hope the deal doesn't fall through because of her delays. She'd lose big time.

[Ohiogal]

Agreeing with Misto this time.

[LdiJ]

Originally Posted by mistoffolees

It sounds like OP just assumed that she would be able to file jointly, but there was no court order to that effect. Her ex found that it would be to his personal advantage to file separately and he did. Assuming that's what happened, she can't force him to file jointly.

As for the house transfer, if he was given the house in the divorce, she would have an affirmative obligation to assist with the transfer. They didn't handle that at the time, but it doesn't relieve her of any obligation to sign the paper.

She's better hope the deal doesn't fall through because of her delays. She'd lose big time.

Misto, in a community property state filing a "married filing separately" return is quite a bit more complicated than an equitable distribution state. All income and other tax attributes must be equally divided between the parties...which can be enormously complicated.

For example, half of his W2 or W2's and all atributes must be included on her return, and vice verse...including withholding...if if one party is self employed, the self employment income and resultant taxes are equally distributed.

That is why, with her somewhat disjointed explanation, that I am unwilling to back up the advice that you and OG gave.

I would be responding differently if the state involved was not a community property state.

[mistoffolees]

Originally Posted by LdiJ

Misto, in a community property state filing a "married filing separately" return is quite a bit more complicated than an equitable distribution state. All income and other tax attributes must be equally divided between the parties...which can be enormously complicated.

For example, half of his W2 or W2's and all atributes must be included on her return, and vice verse...including withholding...if if one party is self employed, the self employment income and resultant taxes are equally distributed.

That is why, with her somewhat disjointed explanation, that I am unwilling to back up the advice that you and OG gave.

I would be responding differently if the state involved was not a community property state.

Why do you assume that the tax return was while they were still married?

[LdiJ]

Originally Posted by mistoffolees

Why do you assume that the tax return was while they were still married?

I am not assuming anything. The explanation was too disjointed for me to assume anything. That was my point to you and OG as well. However some of OP's statements did hint at a married filing separately situation.

You brought up filing separately and I merely was giving you a bit of education on "married filing separately" in a community property state.