QUESTION

What do I need to do on a Writ of Execution?

Asked on Apr 22nd, 2014 on Taxation - Ohio
More details to this question:
I was served with a writ on the estate of my husband and I. The taxes owed are $1200.00 state tax which our legal separation paper state that he owes them not me. I don’t work but my name is on my grandmother's house and the only reason it’s on my name is that my aunt and uncle has quick claimed my name. I would have to pay a deposit on my water when my granny had water on for 30 years. I need to know if they can take my grandmother’s house. He is behind $7800.00 in alimony. Please help me. His son lives with me and he makes $2000.00 a week.
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2 ANSWERS

Probate Attorney serving St. Louis, MO at Edward L. Armstrong, P.C.
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If the taxes you owe are income taxes and you signed the tax return (joint return with your now ex-husband) then the IRS and/or the state will regard you as responsible for the taxes regardless of what the divorce decree said. You may, however, be entitled to sue his estate or at least join his heirs in the suit and have them indemnify you. This can be a tricky situation so you will most likely need to retain counsel.
Answered on May 22nd, 2014 at 6:36 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Merely because the state obtained a writ of execution doesn't mean that they are going to foreclose on any property. It's common for Ohio to file the writ to assure that they will be paid when the house changes hands. When the divorce court ruled that this was your husbands responsibly, that doesn't change that Ohio can still attempt to collect it from either of you. You need to go back to the divorce court and have them enforce the terms of the separation.
Answered on Apr 23rd, 2014 at 12:39 PM

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