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Expert: Tom Adams Date: 11/29/2007 Subject: Bonds and Divorce
Question I received Savings Bonds (EE and I) from an ex-spouse through a divorce agreement. They are jointly held, his name appears first. Is it correct that I can have them transfered to my name without his signature as long as I send in the divorce papers and property settlement? Is it also true that it will not be a taxable event for either him or me? I have set up an account at Treasury Direct and just would like this clarified first. One other question, a few of them are POD instead of OR, how are those treated differently? Thanks!
Answer Hi Donna - You can - and SHOULD - have the bonds changed to your name and it isn't a taxable event. If the divorce papers specifically mention the bonds I don't think you need your ex's signature, but I'm not positive about that detail.
I assume on the POD bonds your name comes after the POD. You're not a co-owner on these, but again, if the divorce papers specifically mention the bonds, this shouldn't be a problem or be taxable to either one of you.
Your TreasuryDirect account isn't going to help with this. You need to use a specific form, have your signature certified on the form, and send it in with the bonds, divorce papers, and a letter saying you expect this to be a non-taxable transfer and to contact you before proceeding if they see it differently. Here's a copy of the form you need:
If your ex is also willing to sign the form, that would expedite things. If not, try sending everything in without his signature. They may send it back or they might process it, I'm not sure.