Legal Question in Tax Law in New Jersey

I have a problem with my father. He has not lived in "his" house for almost 10 years, but keeps it as his permanent address due to the mortgage being in his and my mother's names. I live here with My wife, children, myself and my mother (they are not divorced but he lives with his girlfriend). We do not pay rent or have a lease of any kind because it was (verbally) agreed that we would pay for everything except the mortgage, home insurance and taxes. My father was laid off from work and then went in the hospital and is now recovering. He owes the IRS, I'm not sure if it's from not filing or from not paying. They were taking money from his SSI/SDI. Then He received a letter stating that the IRS was going to levy the property for what they were due. We were trying to fix up the house (to get it appraised for at least what he owes on his mortgage) and buy the house from him next year. But now it looks like we are going to lose the house and all of our possessions because of his debt, even tho we have paid for everything in the house, including repairs and even window replacement. I don't think this is fair, but I cannot find anything to show that we have any rights whatsoever. Is there any hope for us? Or do we lose everything we have worked for?


Asked on 6/14/12, 12:54 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

You do not say who is listed on the Deed as the owner and how owned, if more than one name is on the Deed (such as Mom and Dad). This might be important if IRS issues a levy, as they may not be able to force a sale of the house, if there is no liability of the co-owner (presumably your mother). More facts are needed to properly respond to your question. This would include how the ownership is expressed in the Deed and how your father's tax liability arose, and if the liability is his alone or might arise from a joint return with your mother.

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Answered on 6/14/12, 12:54 pm


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