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If my ex wife's name is on a deed for a piece of property, is she required to pay property taxes?
Jokes, Polls & Anything Else / 9:15 PM - Friday September 13, 2013

If my ex wife's name is on a deed for a piece of property, is she required to pay property taxes?

Before my father died he gave a piece of property to my wife (we were legally married at the time) and me. So now that we are divorced is she still legally obligated to pay half of the yearly property taxes on it?

- Asked by A Mr. Nice Guy, Male, 46-55

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Depends on what was settled in the divorce. If you got the property then you really need to file a Special Warrant Deed and have this property deeded solely to you. Now if you just want her to pay your taxes for you then sure if she's on the deed she would be just as much liable as you are. This also means she can sell the damn thing and keep all the proceeds. So what's your real question or motive here?

- Response by kdtxchic30, A Thinker, Female, 36-45, Who Cares?

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If she is on the deed, then yes she has to pay her share.

- Response by oldman52, A Mr. Nice Guy, Male, 56-65, Sydney, Retired

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Sorry it should have said Special Warranty Deed.

- Response by kdtxchic30, A Thinker, Female, 36-45, Who Cares?

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Yes she is to pay half of the taxes.

- Response by pawsbuddy04, A Thinker, Female, 46-55

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What were the terms on property settlement in your divorce? You should have raised that question to your attorney. He can tell you what your legal obligations are, as well as hers.

- Response by 3wiltedroses, A Creative, Female, Who Cares?, Self-Employed

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That is a question you need to ask of your divorce attorney and refer back to your Marital Settlement Agreement or Order of court if it was actually tried before a judge. Your MSA or order should have addressed the issue with regard to responsibility for the property. Depending on how things were split up, you could have been ordered to maintain the property in lieu of paying her spousal support, you could be equally responsible. There are too many variables and without actually reading your MSA or order, no one can answer that question. It should be addressed in your divorce decree though. If not, contact the attorney who handled your divorce.

- Response by diznykd, A Thinker, Female, 46-55, Lawyer

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Women don't use money once they enter into marriage. The man does all of the money handling, if you must divorce her, ask her father these questions. Women of the Good Book never handle money in that fashion.

- Response by abagailsmythe, A Cool Mom, Female, 46-55

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I would say yes, but if neither of you pay it, a tax lien will be on it and you could essentially lose it to a tax lien sale.

Next question is, neither of you declared it in the divorce? I say this because since she's on the deed, she owns half of the property and your stuck if she doesn't want to sell if you wanted to get out from under it. Plus, the tax office doesn't "divide" the taxes due between those on the deed. You may want to talk to your divorce attorney about this since neither of you came to an agreement on it when it comes to paying taxes and probably even selling it.

- Response by msadvise, A Thinker, Female, 46-55, Transportation

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That property should have been declared as part of the estate in the divorce and it should have been decided then whether it was to be disposed of and the assets split or whether one of you would buy the other out. That hasn't occured. Depending on the nature of the property that should occur now. She IS indeed responsible for half the taxes on it but here's the deal....if you don't pay them eventually the property will be seized by the country the land is on. So your hands are kind of tied here. You can however demonstrate what the value of the property would have been at divorce and then if she has failed to pay half the taxes you can keep records of that and deduct it from half of the value of the property. Eventually you would be able to argue that she is owned nothing in relationship to that property.

- Response by joybird, A Career Man, Male, Who Cares?, Who Cares?

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