I have been planning to separate from my husband. There are a lot of financial things to sort through. The mortgage and all of the loans taken out during our 2 year marriage has been in my name. I don’t make enough money to pay all the obligations on my own. He is not reliable when it comes to paying his debts. I took over the household budget so that bills would be paid on time. Now he has been contacted by his ex-wife regarding back child support. He has to pay a large sum or be in contempt of court. We don’t have the money to pay what is needed. He also owes the IRS a lot of money. He has been receiving letters from the IRS that he won’t open or deal with. I want to know what I can do to protect myself from the financial ruin that he is heading for. We have filed taxes separately since we got married. He owes taxes from 2006 to present. Will a separation agreement protect me from the IRS and court trying to collect on child support? If he has to go to jail for contempt or tax evasion, what protection can I put in place so that I don’t have to pay the bills that are in his name only. I know that I will still have to pay the bills that have both our names. Can we get a separation agreement signed and enforce before I move out with provisions that state if he can’t pay the mortgage that I can take possession of the house and he will have to remove all his property immediately?
You are not liable for his tax debts or his child support obligation, nor will you be responsible for debts in his name.
You can execute a separation agreement in which you can regain or retain possession of the home if he cannot pay the mortgage.