Legal Question in Credit and Debt Law in North Carolina

My husband foreclosed on his home (loan only in his name, not mine) in 2013. His loan was through BB&T, but it was a USDA loan. If we file taxes jointly for 2013 or any year after, and the gov't chooses to collect the debt, can they garnish my wages or hold me accountable for the repayment other than taking our refund since we filed taxes together? Also, if we file jointly and the IRS chooses to take that refund as debt repayment, would I be able to file the form for injured spouse allocation in this instance to at least get what I would have collected married filing separately? In case it makes any difference, the loan/house was in WV and we now reside in NC.


Asked on 1/02/14, 1:43 pm

2 Answers from Attorneys
John O'Neal O'Neal Law Office

Your questions appear to be primarily related to taxes. You may want to consult an accountant or tax advisor moreso than a lawyer.

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Answered on 1/02/14, 1:55 pm
Rachel Hunter

I agree with Attorney O'Neal. I am not a tax lawyer but you should not file a joint return as you will be liable for any taxes owed by your spouse if the bank/lender files a 1099c. While the innocent spouse exemption may apply, it will be easier to prevent the IRS from taking the money in the first place rather than fight to get it back. So I would not file jointly. But you need to consult a real CPA - not someone at one of those tax places.

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Answered on 1/02/14, 4:07 pm


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