Unless you file a joint return you are only responsible for how you file, IRS cannot foreclose on your property but whoever you financed your home with can if you are not paying your mortgage. So I take it you and your kids live in that house and if so you will be carrying the house on your taxes not him.
Dear WHY ME:
Greetings. No, if you do not file jointly then you should not be liable for his tax debts during the period of separation. Yes, the IRS should be able to foreclose on the property for past due taxes, but I would suggest that you speak with a tax attorney to confirm this. The quit claim deed, along with you paying any taxes past due on the house, would be a good idea. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
MY HUSBAND AND I HAVE BEEN SEPARATED FOR A COUPLE OF YRS. WE OWN A HOME BOTH NAMES ARE ON THE DEED. HE HAS NOT FILE TAXES DURING THIS TIME. WHEN HE DO FILE I’M I ALSO RESPONDSIBLE TO PAY THESE TAXES IF HE OWE (WHICH I’M SURE HE WILL) AND SECONDLY CAN IRS FORECLOSE ON THIS PROPERTY FOR THIS DEBT. HE IS WILLING TO DO A QUITDEED TO ME OR OUR CHILDEN. I DON’T WANT TO LOSE MY HOME.