Property use during a divorce

[Dave Leezer]

What is the name of your state? Illinois

I have a pending divorce with three homes involved, one in which I live, one in which she lives ,and one which is currently vaccant. The vaccant property was previouly used to run a business we shared (she operated the business). When we seperated she locked me out of any involvement or access to the business. The business was recently closed down by the Federal IRS because she had been keeping and spending the money she witheld from employees payroll, instead of sending it to the IRS. She owes the IRS $16,000. The IRS placed a Federal Tax Lien on the property. She is planning to file bankruptcy, but is holding off and trying to sell the property to pay her IRS debt. There are two mortages on the propertry already with no equity. She is months behind on the mortage payments. I want to take control of the property and lease it to generate income to pay the mortage payments. My attorney filed a motion for a Temporary Restraining Order and her attorney filed a motion to sell the property. The motions were filed weeks ago and set for a hearing, but the hearing has been continued several time by the attorney's for various reasons, and the next hearing is weeks away. In the meantime the payments get farther behind. Can I legally take control of the vaccant property and lease it out?

 

[BelizeBreeze]

No one here is going to tell you what to do since you have an attorney who knows the entire story. Ask your attorney.

 

[LdiJ]

What is the name of your state? Illinois

I have a pending divorce with three homes involved, one in which I live, one in which she lives ,and one which is currently vaccant. The vaccant property was previouly used to run a business we shared (she operated the business). When we seperated she locked me out of any involvement or access to the business. The business was recently closed down by the Federal IRS because she had been keeping and spending the money she witheld from employees payroll, instead of sending it to the IRS. She owes the IRS $16,000. The IRS placed a Federal Tax Lien on the property. She is planning to file bankruptcy, but is holding off and trying to sell the property to pay her IRS debt. There are two mortages on the propertry already with no equity. She is months behind on the mortage payments. I want to take control of the property and lease it to generate income to pay the mortage payments. My attorney filed a motion for a Temporary Restraining Order and her attorney filed a motion to sell the property. The motions were filed weeks ago and set for a hearing, but the hearing has been continued several time by the attorney's for various reasons, and the next hearing is weeks away. In the meantime the payments get farther behind. Can I legally take control of the vaccant property and lease it out?

With both of you having motions pending, you really cannot. If someone doesn't make the payments the property is going to go into foreclosure and both of your credits will be tanked.

You also need to realize that SHE doesn't owe the IRS, you BOTH owe the IRS because the business was shared.