We are in the middle of a divorce. He is asking me to sign a quitclaim deed on a property he is buying with the funds received from selling our rental property. I don’t have a problem and I will sign it but my question is: Do I needed him to do that on my transaction?
- I bought a DST (Delaware Statuary Fund), Nov 2020, with the proceeds of the rental property (1031 exchage). I listed myself as unmarried woman (which means divorced). I was thinking I can do that because I filed taxes as “HOH” and he MFS for 2019. My CPA told me that I can file as HOH as I am “CONSIDERED UNMARRIED” as we both mained separate homes and I took care of our child 100% of the time. So in the eyes of the government (IRS?) I am considered unmarried and can file as HOH, which he filed as HOH for me. DOS is Jan 2019, listed by both of us in our divorce petition. My question is: 1) Should I have listed my status as Married (there was no option as separated in the papers)? 2) Now that it is done, do you recommend I hire a real estate attorney or talk to my current lawyer to write something to the effect so that my partner has no legal claim to the DST. or I am not to worried as the DST was bought by 100% after separation funds.