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Tax lien on house prior to divorce, Wife awarded house in divorce. Cannot compromise with IRS due to my 50% equity in house.

Los Angeles, CA |

Can I(husband) remove my name from title of house with the tax liens on there. Can you provide the legal/irs codes in support of answer. Also, wife will not cooperate.

Attorney Answers 2


  1. Best answer

    You are able to quit claim deed the property to your former spouse. Nevertheless, since the IRS tax lien has already been filed, the lien will remain against the house. Unfortunately, some family law judges are under the impression that they are able to remove the federal tax lien against the property. That is typically not the case.

    You should review this matter with a tax attorney to help you deal with the IRS.

    I hope this helps!

    Ron Cappuccio
    www.taxesq.com

    If you do not like this answer or disagree, please look at one of the other answers provided. It is not necessary for you to try prove this answer is "wrong" or something with which you do not agree. This is a free service for you based on limited facts. Nevertheless, many times you need to consult an attorney with the details to get actual advice specific to your concerns. Do not put too many details in your questions or comments because this makes the information public and could hurt you. Government Regulations contained in IRS Circular 230 regulate written communications about Federal tax matters, including e-mail, between us and our clients. This is another attempt by the government to limit your rights and to extend the control of government over individuals and businesses. Nevertheless, such communications are either opinions or other written communications. This is not an opinion. It is other written communication and was not written to be relied upon, by itself, to avoid any tax penalties. In order to receive assurances of protection from tax penalties from a written communication, you should get an opinion letter. If you would like to discuss an opinion letter relating to any matter, please contact me and I will explain what is involved and what it will cost.


  2. The previous answer is right. Once the IRS places a lien on the house, it stay there until the IRS decides to remove it (or the statute of limitations expires, which the IRS does not allow to happen).

    While you can transfer your interest in the house, it is generally subject to the tax lien. This means the lien will continue on the house (at least the part you used to own), even if you transfer it to your ex-wife.

    However, if a lis pendens was placed on the house BEFORE the IRS filed its tax lien, you should be able to ask the court to transfer your interest to your ex-wife (which it can do free & clear of the tax lien).

    I suggest you speak to your divorce lawyer to get some advice from someone who knows the facts of your case.

    I am admitted to practice in Connecticut and limit my responses to CT law.

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