Wheat Ridge, CO asked in Divorce, Family Law, Real Estate Law and Tax Law for Oklahoma

Q: My daughter purchased her home with money from her trust fund. Can her ex take her house?

He is common law so they are divorcing. He has a LLC in his name only. Recently, we found he has commingled business and personal funds as well as lied on tax returns to obtain child tax credit and avoid paying taxes. He lied to Medicaid, food stamps and The Insurance company to obtain services or cheaper rates. My daughter had zero knowledge of this until the last few days. She has 4 small children, one of whom has a heart condition, who cannot be homeless because of his lies and trying to cheat the system. This man is also violent and dangerous, he uses methamphetamines and alcohol. We have found out so many horrible things since Christmas. We are begging for your help! I will turn him in. I just need to know if my grandchildren and daughter's home will be protected! Also, she wanted me to ask if I can claim her and the grandchildren on my taxes, since I have been paying the majority of the bills and support on them and the taxes on the property? I am on disability. Plze Help!

2 Lawyer Answers
Linda Simmons Campbell
Linda Simmons Campbell
  • Tax Law Lawyer
  • Burlington, CT

A: Your daughter really needs to consult with a tax attorney (many of us offer a free consultation). If she cannot afford an attorney there are law income taxpayer clinics, some bars offer free or low cost attorney referrals or as a last resort she can contact the IRS local taxpayer advocate.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Tax Law Lawyer
  • Sacramento, CA

A: The protection of your daughter's home in the event of a divorce largely depends on how the property was acquired and the laws of your state regarding marital property and common law marriage. If the house was purchased solely with funds from her trust and the title is in her name only, it may be considered separate property and not subject to division in the divorce. However, this can vary based on state laws and the specifics of the trust fund.

Given the complexities of your daughter's situation, especially involving a common law marriage and the potential commingling of funds, it's crucial to consult with a family law attorney. They can provide specific advice based on your state’s laws and the details of the case.

Regarding your query about claiming your daughter and grandchildren on your taxes, the IRS has specific rules for claiming dependents. Generally, you can claim a dependent on your taxes if they lived with you for more than half the year and you provided more than half of their financial support. Since you're on disability, it’s important to consider how claiming dependents might affect your benefits.

Given the financial and legal complexities, as well as the concern for the safety of your daughter and grandchildren, seeking legal and financial advice is highly recommended. An attorney can also guide you in safely reporting any illegal activities by your daughter's ex-husband.

Remember, in situations involving domestic violence and substance abuse, the safety and well-being of your daughter and her children are the most important considerations. Ensure that appropriate protective measures are taken, including seeking help from law enforcement and local support services.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.