Skip to main content

If you transfer your house to a Trust, is it sheltered from any tax liens by the IRS?

New York, NY |
Filed under: Tax lien

My husband retired in 2010 and received a substantial amount of money. He has since withdrawn most of the funds, as well as received an inheritance in 2012. He has not filed any taxes in 3 years. I have filed separately since 2010. We are both on the deed to the house and I do not want the IRS putting a lien on it due to his tax problems.

Does the IRS give you any notification prior to seizing checking/bank accounts?

Attorney Answers 3

  1. The short answer is no - it is almost impossible to do planning that will defeat the IRS from collecting taxes that are already due.

  2. Attorney Herman-Giddens is correct. I would strongly urge you to retain an experienced tax attorney to help you clean up your husband's issues. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

  3. A lien can be filed against him and would attach to his property, including the home since he is on the deed. Because you filed married filing separately, only his share of the equity in the home would be in jeopardy. Any attempt to transfer the home may result in the IRS viewing this as a dissipated asset and could impede any potential collection alternative he may have available to him. He definitely needs the assistance of a tax professional to resolve this issue. Office number: (860) 255-7423 Website: Our reply to your question has not created an attorney-client relationship. It should not be considered legal advice. You should contact an Attorney who can give you legal advice after acquainting themselves with the specifics of your case.

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics