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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35853
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My husband and I own a house jointly. He owes NYS both personal

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My husband and I own a house jointly. He owes NYS both personal and business taxes, Federal taxes for his business, and has credit card debt. All three of these entities have put on a lien on our property. The total amount of these liens is more money than he can pay. I want these liens removed and the house put in my name so that my children and I are no longer vunerable to his recklessness. I do not have the money to pay his debt and he is taking no action to resolve these issues and get the liens removed. I fear that the situation is going to get increasingly worse. What steps can I take to protect my family and my property. I stopped filing joint tax returns 3 years ago, in an effort at the very least keep my finances straight and now that I am still exposed to the debts that he continues to amass.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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I want these liens removed and the house put in my name so that my children and I are no longer vunerable to his recklessness.
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I am very sorry to hear that you are being put at financial risk due to your husband's actions. Unfortunately the only way to get the liens removed would be to pay them off or get the creditor to voluntarily release them. It is extremely unlikely that they will agree to voluntarily release them so that leaves you with paying them off. Even if husband deeds the house over to you, the liens are already there so that wouldn't affect them foreclosing if the liens aren't paid.
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However, if they did foreclose on the liens and force a sale, they could only come after half the proceeds once any mortgage was paid off because of the fact that you are a half owner of the property.
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I realize that this is a small consolation, but unfortunately, the creditors can come after anything that his name is on. The only way to completely sever yourself from him and his financial problems would be to file for a formal separation or divorce.
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I am sorry the news wasn't better.
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Thanks.

Barrister

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