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    ccrazymom's Avatar
    ccrazymom Posts: 6, Reputation: 1
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    #1

    Jul 7, 2011, 05:18 PM
    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 7, 2011, 05:22 PM

    Yes, but generally the remedy for a property tax delinquency is to auction off the property. But it could affect your credit score.
    C.E. Grant's Avatar
    C.E. Grant Posts: 3, Reputation: 2
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    #3

    Jul 7, 2011, 05:25 PM
    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
    ccrazymom's Avatar
    ccrazymom Posts: 6, Reputation: 1
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    #4

    Jul 7, 2011, 05:43 PM
    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?
    ccrazymom's Avatar
    ccrazymom Posts: 6, Reputation: 1
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    #5

    Jul 7, 2011, 05:44 PM
    Thank you!
    ccrazymom's Avatar
    ccrazymom Posts: 6, Reputation: 1
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    #6

    Jul 7, 2011, 05:44 PM
    Comment on ScottGem's post
    Thank you!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jul 7, 2011, 05:47 PM

    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.
    ccrazymom's Avatar
    ccrazymom Posts: 6, Reputation: 1
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    #8

    Jul 7, 2011, 05:51 PM
    Can I file a quit claim deed myself, or do I need an attorney?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Jul 7, 2011, 06:12 PM

    You can do it yourself. But I would recommend using a title company to get it right.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Jul 7, 2011, 08:35 PM
    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.
    ccrazymom's Avatar
    ccrazymom Posts: 6, Reputation: 1
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    #11

    Jul 8, 2011, 06:32 AM
    Comment on ScottGem's post
    Thank you so much!
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