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Can I do a quit claim deed to remove husband from deed to protect from potential liens from irs debt before our marriage?

Asked almost 3 years ago - Cincinnati, OH

taxes are from 2000 and 2001. We married in 2002. We found out about these taxes in 2004. (he said his exwife must have kept the money & not mailed them) I filed these taxes for him in 2005. I owned my home in my name. We sold it bought another and it went into my name. We sold it & bought our current home but had to put his name on deed and mortgage due to my cut in income from a layoff. We have never been had a lien filed. If I return my home to just my name by quit claim would it protect my home? I did not know him when this debt occurred and this home originates from the first home that I owned. There is no way we can pay the taxes as it is around 35,000 now. My house is worth around 75,000 with a 50,000 mortgage.

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Attorney answers (2)

Mark Charles McClure

Reputation Level 9

Answered almost 3 years ago. Bankruptcy Attorney in Kent, WA.

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Bankruptcy law is federal as are the laws concerning the IRS, these laws apply to all states. That being said I am an attorney licensed in Washington State and cannot give legal advice for someone in another state.

However, if you were a residence in Washington, I would tell your husband to visit a bankruptcy attorney quickly. If the IRS has not yet liened, the obligation may very well be dischargable in a chapter 7 or a chapter 13 bankruptcy. The general rule is that if the tax debt is more than 3 years old, and the returns were filed by the debtor (tax payor) more than 2 years before the date of filing a bankruptcy, and there was no issue of tax fraud, the debt is dischargeable in a bankruptcy.

Have him see an experianced bankruptcy attorney right away.

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Mark Charles McClure

Reputation Level 9

Answered almost 3 years ago. Bankruptcy Attorney in Kent, WA.

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As a follow up, before you start removing your husband's name from the real estate, you definitely want to talk to an attorney in person. The courts generally take a very dim view of someone shifting property around when they are on the brink of bankruptcy (think about Madoff's wife). Many times (not always) property can be protected from the affects of bankruptcy by a competent bankruptcy attorney..

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