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View Full Version : My $45K ex-husband IRS debt?


zenjetset
Dec 12, 2011, 04:44 PM
My x had a debt for taxes from 1999 and 2000 (we were married in late 2001) that he did not disclose to me. When I closed on my house in 2002, the atty asked if I wanted to add x to the deed as "tenant with sole survivorship" rights. I said sure, few days later the IRS placed a lien on the house. I sold the house in 2004 and the mortgage companies and the IRS got paid, then I did (very little!). I am thinking of sueing my x for the money that I paid the IRS on his behalf. It was $45K!

Not sure if I can because the house closed in 2004 and we officially divorced in May 2005 and here we are in 2011! I have learned of some new information, one that he started a business in April 2004 and that he purchased a house, under someone Else's name in July 2005. He is now married to the someone else.

He is also making a substainal amount of money... when he indicated to me and the judge in 2004 that he was broke. I was the main gainer in the house, he did not work for several years of our marriage.

Can I sue him now?

cdad
Dec 12, 2011, 05:48 PM
You don't really have a right to sue over the house as it can be seen as a gift since you were married. But if he has hidden assets from the divorce and you have new information on it then it may depending on where you live be revisited and amended. Is the new information solid and will it affect the outcome of your divorce settlement ?

Fr_Chuck
Dec 12, 2011, 07:28 PM
This debt needed to be declared at the divorce proceedings and gone against other assets he had for property division.
Also at the time of the sale you were fully aware of the lien.

But for 45,000 it is worth talking to a local attorney on options you can try.

zenjetset
Dec 12, 2011, 08:16 PM
Frank, he claimed he had no assets during the divorce, as well as, claimed he was only making $50K. I was the primary wage earner. The house was customed built, with the all the money coming from my income and the sale of another house. When I married him, I was not aware of he debt to the IRS, when I began the building of the house and eventually the closing of such, I was still not aware he had the debt to the IRS. Only when his name was placed on the house as "tenant with sole surviorship" did I become informed of such debt.

In April 2004 (2 months prior to me filing for divorce) he started a company with his now Wife. I believe he was hiding assets from me during the process of divorce. She (his wife now) purchased a house in Florida in July of 2005, or divorce was final on May 5, 2005.
Califdadof3 - I did not receive a settlement, because my attorney proved I was the one in the marriage that provided all the finances for the house being built. However, in order to sell the house, I had to give up the majority of the profit because I had to pay HIS IRS debt. He claimed he had no money to do so. So, I paid it... I guess the major error on my attorney's part was not pursuing him later for re-payment. I was in no condition to deal for it was a messy divorce with physical and emotional abuse. So much so, I have a permit restaining order as part of the divorce decree. Anyway... I think that it's worth a shot at getting some of the money... because in reality now with this new informaiton, he potentially had the money to pay it himself.