I'm curious: are you shopping this story here to see how it will fly when you inevitably get hauled to court for fraudulent acts? Because so far, I don't see this ending well for you if you stick with this story. At all.“Marital income is JOINT income between spouses. You have issues in declaring it a loan.” It can be marital income. I read somewhere that even items purchased to be used in the home, after the marriage, will be treated as tenancy by entirety. However, I need money for my treatment, and by getting that money back, I will clean my wife and son from possible fraudulent transfer claims.
“You loaned out all the money you ever earned in your life?.” My wife donated her kidney when I had health issues. My son stopped going to college for a year when I was sick, and took care of me. We feel wherever the money is among our 3, we treat it as our money. The legal issue started when my tree fell on neighbor’s house and he sued me therefore I am trying to take it back.
I don’t want to give this fraudulent transfer issue as gift to my wife and son. That is why I am collecting it from them and then use for my treatment.
I agree. However, I will also point out that a married couple is free to handle their collective money how they see fit, and the IRS does not have any interest in how they apportion their money between the two of them. The IRS also doesn't care how they spend their money on their children for things like education expenses and medical expenses. So the OP's concerns about the IRS are completely unwarranted.From what I understand, the OP plans to collect and have all the "loaned" money before the other party comes looking for it. This will end up being a "no-harm, no-foul" situation, so long as the money is where it's supposed to be when it needs to be.