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Real mess LLC, taxes, home equity loan

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California
I'm not sure where to go for help. My problem includes spouse's LLC, a medical building he paid 2.2 million for, his corporation, home equity loans and taxes. I do not work and have 2 kids I'm trying to keep in college.
Although not filed yet, I saw our 2005 joint personal 1040 tax return (as apposed to his LLC and business ones). It says our total income is -75,910. Line 17 says -44,737 and line 21 says Net Operating Loss Carryover -49,823. What does that mean?
He just paid our 2004 taxes this month after I recieved a notice of estimated taxes and penalties I owed since I had not filed a return.
Since he bought the LLC 4 years ago, he has made me take out 2 home equity loans and a second morgage because his credit is so bad. It comes to over $400,000. He used it to pay off his business debts (although he told me it would also go for home improvement and hearing aids for me). Each time he has said everything will be fine as soon as we get the loan. Every time things have gotten worse. He now wants me to take out a $60,000 equity loan, again to pay off personal and business debts. We have NO joint accounts. He used to give me money sometimes for household and emergency things. He has not given me any money in 2 years, and his personal credit card of $20,000 (that he lets me use) has been maxed out for several months. All our bills have penality and late charges. He has 6 credit cards in all. The $20,000 card was paid off in full when I took out the last equity loan in Dec of 2005. I no longer have a car, he used all our children's college funds, my health insurance was cancelled for nonpayment, he used all my retirement funds, cancelled his life insurance......it all went into the LLC. I had my own retirement fund started before we got married and had to use all of it for food and other necessities. I was unaware of what he had done since everything is in his name. Our children are working full time and not able to pay college and living expenses. They are going to have to drop out. I can't afford legal help.
Is it possible that if I get the loan things will be ok? Since all the money seems to be going to his LLC, does that mean I no longer have any money at all since the LLC is his? Is it too late for me to get out of this with any money to start over? If I don't sign, the $60,000 equity that is left in our home...is it 50% mine? I cannot work and we are both in our mid 50's.
He blames me for our financial problems....and says it will be my fault if we go bankrupt if I refuse to sign the loan. He told me that the last 2 times too. He also told me half of all the debts are mine and wants to know how I would be able to pay them off without him....so I better take out the equity loan and get us out of debt. Is this coercion?
Please help.
Thankyou California
 


tranquility

Senior Member
I am sorry for the situation you are in. You have legal problems in many different areas as well as personal and relationship problems that are not going to be solved over the internet. Sorry.

I start going through your post and find issue after issue to address. Each would require more facts to determine the outcome and most depend on your goals. Don't take my opinion as fact as I don't know all the financial facts, but it seems like someone has either gotten way over his head in business, is determined to live beyond his means or has a drug or gambling problem. You have some profound issues as well. Some of your own making and some not.

Again, based on general experience and without detailed knowledge of your situation, I'd guess you are already "bankrupt" in that you have more liabilities than assets. The equity loan sought may temporarily give you enough cash flow to prevent creditors from forcing your hand for a while, but what then? How are things going to change?

The LLC should be considered seperate from the marital community and its assets and liabilities are a different but related issue.

You need a wise friend who you can trust. Share your problems and see if you can find the path you want to take. You have some hard decisions ahead of you. Many of those decisions require attorneys to impliment.

(Line 17 is probably reporting the LLC's K-1 where there is a loss. An NOL is a loss that was not previously deducted.) I was starting to write more, but there are a lot of issues here too.
 
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demartian

Member
Computer access

By seeing your post, I assume you have open access to the internet.

There are resources to help you aquire actual low or no cost legal help that you will defenitely need.

Search the internet for those that are available in your state. Do not go with something that is offered by a company rather than our government as they will be in it to get money or futher victimize you.
 
What speciality am I looking for?

I take full credit for bringing this on myself. Marriage is based on trust and honesty, and I kept thinking he would change.
When I go online to find low cost help, what kind of person am I looking for? There are so many issues involved. A CPA Professional, Business/LLC Attorney, Tax Attorney/Professional, Real Estate Attorney, Family Law Attorney (I am not talking about divorce yet....I am too scared), A Women's Legal Clinic (I don't feel I qualify for help because of abuse..he has only hit me a couple of times in 25 years. He is emotionally abusive and is very controling but that is hard to prove)
Also, I have no car and no money to pay for transportation to talk to someone. I am severely hearing impaired and have no hearing aids so people get impatient with me when talking on the phone.
Anyway, what kind of a professional am I looking for?
I am looking for advice, not taking anyone to court.
Thank you again
 

tranquility

Senior Member
"CPA Professional, Business/LLC Attorney, Tax Attorney/Professional, Real Estate Attorney, Family Law Attorney [...], A Women's Legal Clinic "

Yes.

Depending on the specific facts, each may be necessary. Since the money issue seems foremost on your mind, I'd see a CPA (who does a lot of taxes) or (as a nod to Ldij) an Enrolled Agent to look at what you have going. It seems like you have some accounting issues to resolve before you can really plan a path out. An experienced tax professional will get a sense of where you are and might even give you a recommendation as the type(s) of attorney to go to to find some resolution to your main concerns.
 

demartian

Member
Abuse

I do not know your situation but I notice that you mention not being able to prove emotional abuse.

There is no need to prove abuse to get help for someone abusing you and abuse goes far beyong just hitting someone.

Constant threatening, witholding monies, not allowing someone to see their family, constant yelling, mind games are all forms of abuse and there are many more...

Do call your local women's clinic or shelter and at least ask questions about it. They may or may not be able to help you with your legal/financial issues, but they will most certainly be a good life line for you support wise.
 
One last question

Is it possible for me to take out the home equity loan ($60,000, maximum amount) and have $30,000 or half, be deposited directly into my account? In the past, all the equity has been taken by my husband to pay off his LLC debts which I have no part of. I have personal needs.....paying my daughter's college expenses (she works fulltime already), buying hearing aids ($6,000), paying back my mom and brother for lending me money for food, health expenses, buy a car so I can be independent....
Last time the person my husband dealt with never even talked to me before I was to sign the loan. I was told the money must be used to pay off proven existing debts only and not for future needs. It could not be put into my personal account for my use. We have no shared accounts, credit cards...nothing is in both our names so everything goes into his personal account. Last time he had two of the equity checks (I was the primary on the loan) put into his personal account. If the house is community property, why can't I demand the equity be divided in half. This is the only money left that I have any claim to since he spent my retirement fund on the LLC. I would like to start a new life but need something! I'm in my 50's.
Thank you
 

tranquility

Senior Member
Unless you and your husband sign a transmutation agreement, the money is still both of yours. The escrow company will place the money where the owners of the funds (you and your husband) want them to place the money--or will issue a check. (Within the requirements of the other party to any liens/encomberances that they require to be paid.)

How are the loans being paid now? Who owns the house? How can you alone be getting the 2nd mortgage and prior equity loans if both own the house? Don't answer the questions as the point is that your situation is impossible to advise because there are too many unknowns and misknowns here.

Besides, you don't get 1/2 of anything until *everything* is accounted for. As I said before, you may very well already be bankrupt. Just because a lender does not know this because of all the pots the money/debts are being kept in (like the home equity), does not make it so. Get the $30,000 out of your head. When all the assets and debts of the community are added together, you may find the equity already accounted for.

Quit "thinking" and start getting good advice. Pay the money. See the man/woman for proper advice. My goodness, the first rule of holes is that when you can't get out, stop digging.
 
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demartian

Member
Debt

There is no way out of debt by taking on more debt, this whole situation sounds as if you are being used and in way over your head.

Please do get to the Women's Legal Clinic or Local Legal Aide Office...
 
Finally taking your advice

Yea, I kept thinking a miracle would happen....dream on.
I'm taking your advice and going to get help. Having no car makes it diffcult, but that's why they are called 'Low' or 'No' fee clinics....
Thank you
 

Ohiogal

Queen Bee
Oh and another lie from this OP because now she is denying EVER seeing a tax return. She never saw one. Except here:
California
I'm not sure where to go for help. My problem includes spouse's LLC, a medical building he paid 2.2 million for, his corporation, home equity loans and taxes. I do not work and have 2 kids I'm trying to keep in college.
Although not filed yet, I saw our 2005 joint personal 1040 tax return (as apposed to his LLC and business ones). It says our total income is -75,910. Line 17 says -44,737 and line 21 says Net Operating Loss Carryover -49,823. What does that mean?

You know. In 2006. Never allowed to see anything or have any input.
 
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No, I said I never saw or signed 2006 and 2007 returns. The IRS handled it.
Is playtime over?
 
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