ex husband's name still on mortgage and he owns the IRS

[amyjrn]

Texas.

I recently received a notification in the mail from the IRS stating that my ex neglected to file/pay taxes in 2012. He owes $57,000 with penalties. He is self employed.

I was awarded sole ownership of the marital home in the divorce that was finalized in 2010. I was not required to refinance in my name alone so his name is still on the mortgage.

If he continues to ignore the IRS as I suspect he will, will the IRS be able to place a lien against my house? I'm definitely looking into refinancing, but not sure I will be able to (my credit rating was badly damaged during the marriage)

Thank you in advance for any thoughts, input, or opinions.

 

[sandyclaus]

Texas.

I recently received a notification in the mail from the IRS stating that my ex neglected to file/pay taxes in 2012. He owes $57,000 with penalties. He is self employed.

I was awarded sole ownership of the marital home in the divorce that was finalized in 2010. I was not required to refinance in my name alone so his name is still on the mortgage.

If he continues to ignore the IRS as I suspect he will, will the IRS be able to place a lien against my house? I'm definitely looking into refinancing, but not sure I will be able to (my credit rating was badly damaged during the marriage)

Thank you in advance for any thoughts, input, or opinions.

The fact that the judge awarded you the house for only YOU to live in doesn't change the ownership records. As long as your ex-husband's name is on the title, then yes, the IRS may put a lien on the house.

If you want to protect the house, you might need the ex to sign a quitclaim deed. You might even need to have the court order it if he refuses to cooperate with you in that respect.

 

[ecmst12]

The mortgage doesn't matter but the deed does.

 

[Ohiogal]

Texas.

I recently received a notification in the mail from the IRS stating that my ex neglected to file/pay taxes in 2012. He owes $57,000 with penalties. He is self employed.

I was awarded sole ownership of the marital home in the divorce that was finalized in 2010. I was not required to refinance in my name alone so his name is still on the mortgage.

If he continues to ignore the IRS as I suspect he will, will the IRS be able to place a lien against my house? I'm definitely looking into refinancing, but not sure I will be able to (my credit rating was badly damaged during the marriage)

Thank you in advance for any thoughts, input, or opinions.

Why haven't you refinanced? You think it is okay keeping him on the home? If he is on the deed, your not refinancing is going to cost you. Your divorce papers won't matter and it will have been YOU that put you in this situation by not doing the proper thing in refinancing. If you had refinanced (or attempted) and he hasn't quit claimed it to you, then you could possibly have something against him. But you are the one who didn't refinance. You are the one who was content to tie up his credit. You were the one who saw nothing wrong with maintaining this like it was. Question: have you been late by even a day on the mortgage since the divorce was finalized? Are you behind at all?

 

[Ohiogal]

The fact that the judge awarded you the house for only YOU to live in doesn't change the ownership records. As long as your ex-husband's name is on the title, then yes, the IRS may put a lien on the house.

If you want to protect the house, you might need the ex to sign a quitclaim deed. You might even need to have the court order it if he refuses to cooperate with you in that respect.

And now that the IRS is involved, a quit claim deed most likely won't do anything but be considered a fraudulent transfer due to the timing and such.

 

[Bali Hai]

And now that the IRS is involved, a quit claim deed most likely won't do anything but be considered a fraudulent transfer due to the timing and such.

It's interesting that OP (who was divorced in 2010) was notified by the IRS of ex-husbands tax liability three years after divorce. Ex incurred $57k tax liability since 2010? Nothing before?

Need FULL story here.

 

[LdiJ]

It's interesting that OP (who was divorced in 2010) was notified by the IRS of ex-husbands tax liability three years after divorce. Ex incurred $57k tax liability since 2010? Nothing before?

Need FULL story here.

Actually that part isn't unusual at all. When someone doesn't file a tax return at all it often takes the IRS that long to get around to filing a return for them.

I suspect that the IRS is basing the tax figures on 1099 income without allowing for any expenses since the IRS would have no information on his expenses. He still has the opportunity to file an actual tax return with correct figures which might dramatically lower that balance due. That was a 2012 tax return which normally would have been filed less than a year ago.

 

[Bali Hai]

Actually that part isn't unusual at all. When someone doesn't file a tax return at all it often takes the IRS that long to get around to filing a return for them.

I suspect that the IRS is basing the tax figures on 1099 income without allowing for any expenses since the IRS would have no information on his expenses. He still has the opportunity to file an actual tax return with correct figures which might dramatically lower that balance due. That was a 2012 tax return which normally would have been filed less than a year ago.

Why is the IRS notifying the OP of someone else's tax problems pray tell?

 

[amyjrn]

I wasn't able to refinance immediately after the divorce was finalized because he ruined my credit. I had excellent credit before him and after him. He bought a Tahoe in my name with out my constant that got repossessed. He opened credit cards in my name. He would not work for months at a time...that's a whole other thread.

He was court ordered in 2010 to sign a quick claim deed....he never signed it. Just like he has never paid his half of the marital debt. And is approximately $30,000 behind in child support. He simply believes the rules don't apply to him. I've taken him to court twice since the divorce for child support, but because he is self employed I can't have it taken out of his paycheck. So all I end up with is a piece of paper that says he owes me money.

We separated and divorced in 2010. I filled married filing separately for 2010. I'm assuming he hasn't filled taxes since we split since the IRS has this house as his address. He does a lot of cash under the table work, but I'm thinking in 2012 he must have done a lot of work that was 1099.

Ohiogal...I consistently pay all my bills on time. His credit can't get any worse than it already is. I'm pretty sure I'm improving his rating.

And yes I opened his mail...

 

[Bali Hai]

I wasn't able to refinance immediately after the divorce was finalized because he ruined my credit. I had excellent credit before him and after him. He bought a Tahoe in my name with out my constant that got repossessed. He opened credit cards in my name. He would not work for months at a time...that's a whole other thread.

He was court ordered in 2010 to sign a quick claim deed....he never signed it. Just like he has never paid his half of the marital debt. And is approximately $30,000 behind in child support. He simply believes the rules don't apply to him. I've taken him to court twice since the divorce for child support, but because he is self employed I can't have it taken out of his paycheck. So all I end up with is a piece of paper that says he owes me money.

We separated and divorced in 2010. I filled married filing separately for 2010. I'm assuming he hasn't filled taxes since we split since the IRS has this house as his address. He does a lot of cash under the table work, but I'm thinking in 2012 he must have done a lot of work that was 1099.

Ohiogal...I consistently pay all my bills on time. His credit can't get any worse than it already is. I'm pretty sure I'm improving his rating.

And yes I opened his mail...

The court expects him to sign a quit claim deed while he remains on the mortgage? Do you see anything wrong with that picture?

 

[Ohiogal]

I wasn't able to refinance immediately after the divorce was finalized because he ruined my credit. I had excellent credit before him and after him. He bought a Tahoe in my name with out my constant that got repossessed. He opened credit cards in my name. He would not work for months at a time...that's a whole other thread.

He was court ordered in 2010 to sign a quick claim deed....he never signed it. Just like he has never paid his half of the marital debt. And is approximately $30,000 behind in child support. He simply believes the rules don't apply to him. I've taken him to court twice since the divorce for child support, but because he is self employed I can't have it taken out of his paycheck. So all I end up with is a piece of paper that says he owes me money.

We separated and divorced in 2010. I filled married filing separately for 2010. I'm assuming he hasn't filled taxes since we split since the IRS has this house as his address. He does a lot of cash under the table work, but I'm thinking in 2012 he must have done a lot of work that was 1099.

Ohiogal...I consistently pay all my bills on time. His credit can't get any worse than it already is. I'm pretty sure I'm improving his rating.

And yes I opened his mail...

So you committed a federal crime by opening his mail. And for everyone else, posting history. He doesn't have to quit claim before you refinance. And if he committed identity theft, you should have made a police report. Unless of course it happened while you were married and then you consented by doing nothing. You have issues and those are of your own doing. And you also lied -- you have NOT always paid your bills on time. Since you declared bankruptcy because you were behind, that shows you have an issue. You also apparently have an issue with telling the full truth.

 

[amyjrn]

It's interesting that OP (who was divorced in 2010) was notified by the IRS of ex-husbands tax liability three years after divorce. Ex incurred $57k tax liability since 2010? Nothing before?

Need FULL story here.

It wasn't accrued over 3 years. It said that he didn't file for 2012 and based on the 1099 they received this is what you owe for that year.

 

[amyjrn]

Why haven't you refinanced? You think it is okay keeping him on the home? If he is on the deed, your not refinancing is going to cost you. Your divorce papers won't matter and it will have been YOU that put you in this situation by not doing the proper thing in refinancing. If you had refinanced (or attempted) and he hasn't quit claimed it to you, then you could possibly have something against him. But you are the one who didn't refinance. You are the one who was content to tie up his credit. You were the one who saw nothing wrong with maintaining this like it was. Question: have you been late by even a day on the mortgage since the divorce was finalized? Are you behind at all?

I did attempt to refinance in Feb or March of 2012 and was unable to do so based on my credit rating at that time. I was advised to put some more time in between the negative things on my credit and the more recent positive information and to continue rebuilding my credit and try again in the future.

He was court ordered to sign a quitclaim on the house and he has refused to do so. When we were at the court house for a child support hearing my attorney tried to get him to sign it and he was so pissed off at the outcome of that hearing he just stormed off.

To this day he has never said a word to me about his name being on the mortgage and the deed. He has never asked me to refinance or addressed the issue in any way. If there was something that I was doing or not doing that caused him any discomfort in his life, I can assure you I would hear about it.

 

[sandyclaus]

I did attempt to refinance in Feb or March of 2012 and was unable to do so based on my credit rating at that time. I was advised to put some more time in between the negative things on my credit and the more recent positive information and to continue rebuilding my credit and try again in the future.

He was court ordered to sign a quitclaim on the house and he has refused to do so. When we were at the court house for a child support hearing my attorney tried to get him to sign it and he was so pissed off at the outcome of that hearing he just stormed off.

To this day he has never said a word to me about his name being on the mortgage and the deed. He has never asked me to refinance or addressed the issue in any way. If there was something that I was doing or not doing that caused him any discomfort in his life, I can assure you I would hear about it.

And why WOULD he say anything?

As long as his name is on the mortgage AND the deed, he gets the benefit of shared ownership of the house AND a positive credit reporting from the mortgage company because you are paying it on time to keep YOUR credit clean.

If the court ordered him to sign a quitclaim deed, then you need to take him back to court for contempt and ask the court to order him to sign right there and then in front of the judge. That will protect your interest in the home and keep an IRS lien from being placed on the property. That solves part of the problem.

Apparently, him being on the mortgage doesn't really do anything for bad for you right now, but refinancing the property will take care of THAT issue.

 

[Ohiogal]

And why WOULD he say anything?

As long as his name is on the mortgage AND the deed, he gets the benefit of shared ownership of the house AND a positive credit reporting from the mortgage company because you are paying it on time to keep YOUR credit clean.

If the court ordered him to sign a quitclaim deed, then you need to take him back to court for contempt and ask the court to order him to sign right there and then in front of the judge. That will protect your interest in the home and keep an IRS lien from being placed on the property. That solves part of the problem.

Apparently, him being on the mortgage doesn't really do anything for bad for you right now, but refinancing the property will take care of THAT issue.

She declared bankruptcy and the second mortgage was discharged per one of her past threads. You really need to read her posting history on how she is rewriting history in this thread. Also your current husband OP should have been able to help you get refinanced if you really wanted to do so.

Also based on your prior postings:
A) Where is the home located -- TX where the divorce happened OR Arkansas where you live with new hubby?
B) Did you inform the courts when you moved to Arkansas?
C) Do you LIVE in that home now? If so, and it was the marital residence, how did the divorce take place in TX?
D) Why did you feel the need to open your ex's mail when he is remarried as are you? Or do laws just not apply to you if you don't feel like it?