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joelaws8
joelaws8, Lawyer
Category: Family Law
Satisfied Customers: 369
Experience:  I can answer general family law questions regarding the family code and procedure.
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I am separated from my husband, who has real estate property

Resolved Question:

I am separated from my husband, who has real estate property with a lien on it and owe back taxes. I am thinking about a filing for a legal separation to protect my savings. I need to know what is the law concerning a legal separation. Would I be responsible for the lien and the taxes, even thought we are not together.
Submitted: 11 months ago.
Category: Family Law
Expert:  joelaws8 replied 11 months ago.
Good morning and thank you for the question. I just need you to clarify a couple of things in order for me to provide you with the info you seek.

1. What state do you and your husband live in?

2. When did he purchase the property, before or during the marriage?

3. Are you on the deed?

4. Are your savings from before the marriage?

5. If not, were they funded by a gift to you or inheritance?

6. How did the lien holder get the lien on the property (e.g. home equity loan)?

Thank you for the info and I look forward to assisting you.
Customer: replied 11 months ago.

1. Michigan


2.1998, during the marriage


3. No


4.during the marriage


5. voluntary TSA from work


6. SBA loan that I did not sign for


 


 

Expert:  joelaws8 replied 11 months ago.
Thank you for that information.

He has real estate property with a lien on it and owe back taxes. Would I be responsible for the lien and the taxes, even thought we are not together?

Possibly. The creditor (SBA loan holder) cannot come after you for the money, nor can the government for the back taxed. However, the debt on the property and the back taxes due are considered marital debt since it was debt acquired during the marriage. It does not matter to the court whose name is XXXXX XXXXX Therefore, you could be responsible for it in a scenario like this....While married to Jane, John buys a house and finances it in only his name. His name is XXXXX XXXXX one on the deed. He takes out a mortgage with Bank. John falls behind on payments and property taxes. Jane and John split up. The court divides the debt between the couple, ordering John to pay the $200k in credit card debt and for Jane to pay the debt on the house. Jane refuses to do so. Bank and the government cannot come after Jane because Jane never promised them that she would pay. Therefore, they continue to go after John. John requests that the court hold Jane in contempt until she complies with the order to pay on the house. The court grants John's motion and fines Jane $250 and places her in jail for 12 hours to teach her a lesson.

I am thinking about filing for a legal separation to protect my savings. I need to know what is the law concerning a legal separation.

Just like his debt from above, your savings is also considered marital property and basically belongs to both of you in equal shares. The court has the discretion to award you some, none, or all of the amounts that you have accrued in the savings account. If you file for legal separation, that will be one of the assets that are amongst the marital estate to be divided. After the separation is granted, any amounts that you deposit into the savings account will be your sole and separate property.

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Thank you very much,
Joe
joelaws8, Lawyer
Category: Family Law
Satisfied Customers: 369
Experience: I can answer general family law questions regarding the family code and procedure.
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