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My wife and I have never filed a tax return together. she…

My wife and I...

My wife and I have never filed a tax return together. she just lost her job and now i found out that the house we've been living in has large mortgage. can we walk away without me being affected. my name has never been on the title/deed but, I do own property that her name is ***** ***** am I liable if they don't know about me? we were going to file together this year just to square everything up but, now i say NO.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

NO

Lawyer's Assistant: Where is the house located?

23111

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Answered in 1 minute by:
3/15/2018
Gerald-Esquire
Category: Real Estate Law
Satisfied Customers: 5,115
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Can you tell me what state you are in?

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Customer reply replied 1 month ago
Va

Thank you.

I am working on your answer now. I am sorry for the delay. It takes some time to prepare a complete answer. Please note the phone call requests are generated automatically from the system. I do not control them.

Thank you for your patience and understanding.

Kind regards,

Gerald

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Customer reply replied 1 month ago
just type if u can ... i'm poor
Customer reply replied 1 month ago
you still there ?

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

If your name is ***** ***** the mortgage or the deed then you are not liable for the debt. This is especially true if your spouse owned the home before you were married. In that case the house is her separate property.

Your individual separate assets, and assets that you hold jointly by the entireites or jointly as Husband and Wife, or Jointly with right of survovorship should be safe as well.

One caveat to be careful about - if the house was purchased while you were married the creditor may try to claim that this was a debt incurred for a marital or family benefit. In Virginia creditors of one spouse can go after the income or property of the other spouse -- or joint property -- only if the debt was incurred for joint purchases or for purchases that were made for family necessities.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 1 month ago
thanks

Don't warry about the phone call requests. They are generated by the system. I can't control them.

Also thank you for your patience. It takes me time to prepare a complete answer.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Customer reply replied 1 month ago
do i do a return together this year or not ?

It may benefit you to file jointly, because she has no income (or little income) then you can claim her persoanl exemption/dependent.

If she has losses or dedcutions that you do not have you can claim them on the joint return.

So it probably is a good idea to do a joint return.

It will have NO affect on the claims of her creditors.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Customer reply replied 1 month ago
if we do a tax return together this year, can they come after my assetts

NO. Your taxes have NOTHING to do with the creditors claims against her or you.

Gerald-Esquire
Category: Real Estate Law
Satisfied Customers: 5,115
Experience: Over 30 years of experience
Verified
Gerald-Esquire and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 1 month ago
thank you ... send the survey

Thank you. Just click the five stars. It should be on your screen.

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Gerald-Esquire
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Category: Real Estate Law
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