Not filing taxes

My ex has not filed taxes in 4 yrs and we are still in a difficult separation. Its been 4 yrs since we parted ways and are legally separated. I have filed each yr. I follow the rules and guidelines. Now my name is only on the deed not the loan of the home. So what happens when the IRS catches him and of course he swears he is broke but drinks and smokes and goes on trips and has stuff he could sell that cost him lots. (man toys) Anyhow, what damage is that to me if they seize the home before the final divorce decree. Keep in mind he has no attorney as he never paid him from the beginning.

If a tax lien is placed on the home prior to the home being distributed in final equitable distribution, then the amount of the tax lien will have to be backed out of the equity in the home and not counted in order to determine the marital equity.

As long as the tax lien is fully attributable to him and is his separate tax debt (acquired after the date of separation), then it cannot be counted in equitable distribution and lower the one-half marital value you are entitled to. The problem may become how he would find the funds to pay you your one-half.

The sooner you can fully resolve equitable distribution, the better.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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