Social security Disability & Homeowner Tax, COMPLICATED SITUATION PLEASE HELP!!!

[projectworkout]

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

I am on Social security disability, and only get about $1000 a month in social security. In the past, I have not filed taxes, because it was not enough to owe tax and I was not due a refund. My situation is very complicated, I will try to make it as simple as I can. I was in a same sex relationship and was not on the current house I am in (I was on the first house we had together). We were not legally married, as we could not do so in this state at the time. We broke up in 2013, and I wanted to keep the house. She agreed to sell it to me. Problem was qualifying on my income. So I lived and paid the entire mortgage until I got married legally to my next partner. We had to go to another state to marry, as it still was not legal in CO. My new spouse I had met online and she was from Switzerland, not legal. We ended up getting married in NM where it was legal for same sex. Once she finally got her soc sec number, we bought the house I had been in for 5 years from my ex. in May 2014. Turns out this person was using me to get into the US and right after we had our interview for citizenship, she broke up with me and moved out. SO she is still on my mortgage, as I dont make enough to assume the loan or qualify by myself. I have been paying the entire mortgage and taxes on the home, but she is still on there for now. We are also still married even though she moved out July 1014. So she was only in the house for 2 months after we bought it and didnt pay anything towards the mortgage, closing costs, or down payment whatsoever. My question is this, would I qualify for some sort of tax refund on the home/taxes I paid? Do I have to get her involved in any of this? She still is not a legal citizen, and wont be for another two years....So if I qualify for a refund, that would sure help me out as I have paid everything, but I really dont want to get her involved. Please help!

 

[FlyingRon]

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

I am on Social security disability, and only get about $1000 a month in social security. In the past, I have not filed taxes, because it was not enough to owe tax and I was not due a refund. My situation is very complicated, I will try to make it as simple as I can. I was in a same sex relationship and was not on the current house I am in (I was on the first house we had together). We were not legally married, as we could not do so in this state at the time. We broke up in 2013, and I wanted to keep the house. She agreed to sell it to me. Problem was qualifying on my income. So I lived and paid the entire mortgage until I got married legally to my next partner. We had to go to another state to marry, as it still was not legal in CO. My new spouse I had met online and she was from Switzerland, not legal. We ended up getting married in NM where it was legal for same sex. Once she finally got her soc sec number, we bought the house I had been in for 5 years from my ex. in May 2014. Turns out this person was using me to get into the US and right after we had our interview for citizenship, she broke up with me and moved out. SO she is still on my mortgage, as I dont make enough to assume the loan or qualify by myself. I have been paying the entire mortgage and taxes on the home, but she is still on there for now. We are also still married even though she moved out July 1014. So she was only in the house for 2 months after we bought it and didnt pay anything towards the mortgage, closing costs, or down payment whatsoever. My question is this, would I qualify for some sort of tax refund on the home/taxes I paid? Do I have to get her involved in any of this? She still is not a legal citizen, and wont be for another two years....So if I qualify for a refund, that would sure help me out as I have paid everything, but I really dont want to get her involved. Please help!

You need to be talking to a divorce attorney. Marriages (same sex or otherwise) are easier to get out of than houses and mortgages. What sort of "tax refund" do you think you get on a house? Anyway, you very much need to have her involved in the sale of the house. This is indeed marital property. If you are just receiving SSDI none of this matters. If you are getting SSI then any proceeds from the sale may well affect that.

As for your spouse....I'm really confused by your terms. How did she get into the US to begin with? If she got her permanent residence through marriage to you, it would still be conditional at this point. If you divorce she'd lose it.

 

[projectworkout]

Yes, she is not legal yet. I was going to stay married to her until it all went through. Problem is, I really dont want her to be trying to force me out of my house. I had a decent amount of equity in there and paid my ex 10K + all the closing cost of both the buyer & seller, so my ex would not pay any costs at closing. So I paid 12K + 10K of that, my new spouse paid nothing. I am afraid if I drag her into divorce court, she will try to force me to sell and I will not be able to qualify for about another year (son in law will help me when his military disability goes through). So if the divorce forces me to sell, I will be heartbroken, as I have been in this house almost 6 years now, have a lot of memories and my condition is agoraphobia, so it would cause a LOT of anxiety for me to move. So I really dont know what to do....I hate to keep her on longer because I know she will be getting more $$$ but if I piss her off and try to divorce her, I know she will try to force me out. As for the taxes, IDK, I have not filled taxes on SSDI (ssi would never be 1,000 a month), because I did not make enough to owe. As far as the house tax, I heard somewhere that they are deductible, but some states have people with ssdi get reduced taxes, so I didnt know if I could get some of that back.


edit to say, she only lived in the house for 8 months, and didnt pay anything. Where I have lived here and paid for 6 years, have some equity, and have paid my ex, as she sold it to us for what was owed on the loan, I paid her 10K on the side.
Speaking to Realtor, have been told by several the house would sell easy for 260-265. I owe 190, bought it from my ex for 198, bought it in 2010 for 210. Kept my name on the old house to sell it and my ex got it with her dad, was going to quick claim me on after the 1st house sold, but we never got around to it....

 

[FlyingRon]

Understand what you individually paid is completely and totally immaterial. You were MARRIED. You bought the house while you were married. It's a marital asset. You each have equal claim. This has been worked out in a hundred year of heterosexual marriage where otherwise the man would claim he bought the house and leave his wife out in the cold. You seem to not understand the term marriage both with regard to the marital estate and to the immigration FRAUD you both are hell bound at committing.

You need to get to a lawyer IMMEDIATELY not only to protect your interest but to keep you from being charged with a CRIME.