Should I sign the house over and will they garnish the money to pay my taxes?

My husband and I divorced about 4 years ago. He kept living in the house that we purchased together. In our divorce decree it states that I get half the profits if he sells it. The first thing that happened is about 2 years ago the second mortgage that we had on the house was forgiven and we both owed $2000. In taxes. Which I still owe. Now, he has decided to refinance the house. If I sign the house over to him I will only get half the profits which is about $1500. He gets the house and the other $1500.

Asked on August 31, 2018 under Real Estate Law, Arizona


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You really need to consult directly with a local attorney on this. Without having something in writing, you'll have no legal protection. You can also try to work out a payment arrangement regarding the taxes.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Signing over the house - without anything else in writing to guarantee anything for you - will sign over your rights. So no, I would not do that unless and until you seek some legal help to make sure that the agreement will still protect you.  As for the taxes, try cutting a deal to pay a little over time.  Good luck.

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