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My ex husband and I had our divorce settled through mediation a little over a year ago. We held two properties together that are of equal value. I got our rental property and my husband got our primary residence in the settlement. I recently found out that he had not paid the 2013 property taxes on the rental property I received even though all of the rental income went directly to him. How do I make him pay the amount owed in taxes? Do I need to go back to court?
6 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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First, read the divorce decree. What is he required to do other than transfer the property? Is he required to pay all liens? If he's not required to pay all liens, then you need to consider suing your attorney because any competent attorney will do a title search on property before having you agree to the deal or at least specify in the agreement that the property must be transferred with a clean title. If you did the divorce without an attorney, consider it the cost of learning the lesson of the aphorism - a woman who represents herself has a fool for a lawyer.
Answered on May 25th, 2015 at 4:38 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You will likely need to go to court if you can't reach an agreement with him. Did he submit a Financial Disclosure form which omitted the taxes? Were the taxes due at the time he signed the Financial Disclosure? If he deliberately concealed the taxes, then he could probably be held in contempt of court. If, on the other hand, the taxes were not yet due, and he failed to disclose them, and just left the property it's more like he left with the lightbulbs and toilet paper: i.e. he was being a bit of a schmuck. Consult your divorce lawyer as to the steps to take. Good Luck.
Answered on May 22nd, 2015 at 3:56 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You probably need to go back to court.
Answered on May 22nd, 2015 at 3:27 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Read with an attorney your judgment for what his obligations, and what your rights/powers are, are in this respect. Your other questions are premature.
Answered on May 22nd, 2015 at 2:11 PM
Your divorce was a little over a year ago, yet you are talking about a 2013 issue. If the settlement agreement did not resolve that issue, it might appear as if the 2013 taxes were a martial debt and his responsibility would be 50%, the other 50% being yours. Of course, if that were the scenario, you would be entitled to 50% of the income during the same tax period. Good luck.
Answered on May 22nd, 2015 at 2:10 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You don't say when the property went to you. If he was responsible for the taxes in 2013, you can start by sending a letter asking him to pay the taxes he should have paid in 2013. If he refuses you can go to small claims court and probably get it done there or you can make a motion to compel. However, you apparently failed to do your due diligence when the property was transferred to you (assuming all of this was properly done) as that would have shown that taxes were owing. Talk to a lawyer.
Answered on May 22nd, 2015 at 1:50 PM