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Divorce and tax lien - what happens?

Washington, DC |

Divorce entered Jan. 2012. Court awarded sole ownership of marital residence to Wife and ordered Husband to prepare Quitclaim. Notice of Federal Tax Lien against Husband recorded February 2012 with assessment date of May 2011. Quitclaim recorded in March 2012. When Wife sells home, will IRS collect Husband's unpaid tax liability from sales proceeds?

Attorney Answers 1


If the tax lien was recorded against the home and has not been paid unfortunately I believe the answer is yes. Unless of course the lien is paid BEFORE any sale. I would consult with a tax attorney who deals with the IRS. This is really a question for a tax and real estate attorney.

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