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-   -   Can I be held responsible for back taxes? (https://www.askmehelpdesk.com/showthread.php?t=586205)

  • Jul 7, 2011, 05:18 PM
    ccrazymom
    Can I be held responsible for back taxes?
    My husband and I are divorced and he has the house... however my name is still on the deed. I believe he is in arrears on the taxes... can they come after me for that?
  • Jul 7, 2011, 05:22 PM
    ScottGem

    Yes, but generally the remedy for a property tax delinquency is to auction off the property. But it could affect your credit score.
  • Jul 7, 2011, 05:25 PM
    C.E. Grant
    The big question here is actually this... Is there a MORTGAGE on the property? THAT they will come after if your name remains on the mortgage along with his. As far as the taxes go, it would depend on which state you live in as well as how the property is held in title. More importantly, if you name is on the mortgage and deed, you are liable for anything... including potential lawsuits that may come up if someone is hurt on the property. If there is no mortgage and only a deed, then you can have your name removed for the deed to eliminate potential problems down the road.
    Best of luck
    C. Elizabeth Grant
  • Jul 7, 2011, 05:43 PM
    ccrazymom
    Comment on C.E. Grant's post
    I had to file bankruptcy due to the divorce, and included the mortgage... so it would probably be in my best interest to be removed from the deed? How do I do that? Do I need an attny for that?
  • Jul 7, 2011, 05:44 PM
    ccrazymom
    Thank you!
  • Jul 7, 2011, 05:44 PM
    ccrazymom
    Comment on ScottGem's post
    Thank you!
  • Jul 7, 2011, 05:47 PM
    ScottGem

    First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

    Are you sure your portion of the mortgage was discharged? I don't believe it works that way. But if it does then you need to file a quit claim deed, deeding your share of the property to your ex.
  • Jul 7, 2011, 05:51 PM
    ccrazymom
    Can I file a quit claim deed myself, or do I need an attorney?
  • Jul 7, 2011, 06:12 PM
    ScottGem

    You can do it yourself. But I would recommend using a title company to get it right.
  • Jul 7, 2011, 08:35 PM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    ... Are you sure your portion of the mortgage was discharged? I don't believe it works that way. ...

    It certain can work that way. If the debtor does not reaffirm the debt, her personal liablility on the mortgage note can be discharged. The mortgagee is happy as long as the ex makes the mortgage payments. If the mortgagee has to foreclose, it might have a problem with the automatic stay because she is still on the title, but perhaps they were unaware of that fact.
  • Jul 8, 2011, 06:32 AM
    ccrazymom
    Comment on ScottGem's post
    Thank you so much!

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