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

Asked over 1 year ago - 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. Ronald J Cappuccio

    Pro

    Contributor Level 15

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    Answered . 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... more
  2. Houston Putnam Lowry

    Contributor Level 10

    1

    Lawyer agrees

    Answered . 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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