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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36997
Experience:  Texas lawyer for 30 years in Estate law
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Our marital residence is listed in the name of my former

Customer Question

Our marital residence is listed in the name of my former spouse as "Trustee"
During our 2011 divorce, my former wife's Attorney stated the house was not part of the marital assets because it was placed in an irrevocable Trust for our daughter back in 1996 until she turns
25 years of age.
Although I was never listed on the deed I was the sole payee of the mortgage taxes & insurance from 1991 until 2010 when I paid off the mortgage.
On our Joint tax returns 1991-2010, my X claimed the Real Estate tax and mortgage interest deductions.
Was she entitled to take the Tax and mortgage interest deductions, and still claim it wasn't her property? No other assets are in the Trust.
Was I entitled to any share of the marital property, from my X?
or the Trust?
Submitted: 9 months ago.
Category: Estate Law
Expert:  RayAnswers replied 9 months ago.

Hi and welcome to JA. Ray here to help you tonight.

You may be able to force a division of this marital asset in divorce court.If this was marital property it may be subject tot division.You would need to look to the terms of the trust, whether you agreed to it, whether the house was titled to the trust ,etc. I am assuming that you are asking if you have a claim to your share of the property and the answer is yes you can ask the court to divide it as marital property if the residence was purchased during the marriage here.

You would raise this issue as part of property settlement in the court that granted the divorce.You may well have rights to half of it as part of a divorce here.

I appreciate the chance to help you tonight.Thanks for the chance to do so.Let me know if you have more follow up.

Expert:  RayAnswers replied 9 months ago.

You would have an equitable interest here if it was marital property even if title is in your wife's name.You would ask court to divide it here and pay you your share by sale if necessary.Thanks and the best to you here.

Expert:  RayAnswers replied 9 months ago.

Connecticut is what is termed "a pure equitable distribution state," which means all property is subject to distribution in a divorce. This means that the judge can distribute any assets of either party in the manner he or she finds "equitable." Here you claim half of this if you purchased it during your marriage here.

Expert:  RayAnswers replied 9 months ago.

If you can positive rate when we are done it is always much appreciated.

Customer: replied 9 months ago.
Hello,
Thank you for your informative answer.
Kindly provide me with the answer to my first part of the issue...........
Was my X entitled to take the Tax and mortgage interest deductions, and still claim it wasn't her property?
No other assets are in the Trust.
Thank you
Alan
Expert:  RayAnswers replied 9 months ago.

You would have to contest this with IRS if you wanted to do so.She does have legal title, you would have to point out to them that you have a marital interest.The IRS would look to actually was making payments here.If both of you were paying both were entitled to deductions for your ownership interests.

Thanks for your patience.I hope you are able to reclaim your share here and your deductions..

Expert:  RayAnswers replied 9 months ago.

Report the ex here..

https://www.irs.gov/Individuals/How-Do-You-Report-Suspected-Tax-Fraud-Activity%3F

Thanks again.

If you can positive rate it is always much appreciated.

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