Legal Question in Family Law in New Hampshire

I left my husband in 2009. Divorce final in 2010. We each now live in a home in the same town and both our names are on both mortgages. I am current on my tax returns. He has not filed 2009, 2010, 2011. When the IRS catches up to him, he will probably lose his home. Can I lose mine? Thank you.


Asked on 9/05/12, 4:34 pm

1 Answer from Attorneys

Bruce L. Dorner Dorner Law Office

There are several issues in your multi-part question. As to tax matters, you may be exposed to liability for any years in which you filed a joint tax return. You should discuss this matter with your tax professional.

As to the two homes, the mortgage is a debt security. The lender can collect from either or both of you as the promissory note permits. You should review the promissory note.

The mortgage does not control ownership of the house. You need to look at the Deed to the two properties. If both of your names are on both of the deeds, then you may have some exposure for your equity in the property.

You did not mention anything about the Divorce Decree. Usually there are orders in the Decree dealing with ownership of real estate and responsiblity for mortgages. You should check those materials.

All of the factors above need to be considered to answer your question. A careful review of all of the documents is the starting point.

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Answered on 9/06/12, 5:48 am


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