- 5 - determined by the decree of divorce. [Citations omitted.] Mich. Stat. Ann. sec. 25.132 (Law. Co-op. 1992). On August 22, 1978, petitioner and his wife purchased the marital home and held it as tenants by the entirety up to the time of their divorce. Under the Michigan statute, unless the divorce decree provided otherwise, upon their divorce they became tenants in common. The property settlement attached to the divorce decree ordered that the house be sold, an escrow fund be established, the ex-wife be responsible for paying the taxes out of the escrow fund, and the balance be split 75/25 between the spouses. Although the decree directed the distribution of the proceeds from the sale of the house, it did not change the ownership of the property. At the time of the sale, petitioner owned 50 percent of the property. As a result, he is responsible for 50 percent of the tax from its disposition. Petitioner argues that since his ex-wife received the proceeds of sale, she is liable for the entire capital gain. We hold otherwise. In the first place, the wife did not receive the proceeds of sale. The sale price was $280,000, and the great bulk thereof was used to discharge debts of both husband and wife. Indeed, there was an insufficient amount to discharge all the tax liabilities for years preceding the sale. Moreover, $54,000 was set aside in escrow to pay the tax on the gain onPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011