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VA age 70 ..Can the IRS put a lien on my property that is in my name and my brothers?

Cumberland, VA |

Virgina, age 70 brother age 67, The IRS has put liens on all property that I own. I have one piece of property that I own and my brothers name is on it also can IRS still put a lien on it?

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Attorney answers 4


Yes they can. Likely what will happen is that your share of the proceeds from the property being sold will be taken by the IRS with the remaining portion going to your brother. If you would like the lien removed, you should speak to a tax attorney.

This answer does not establish an attorney-client relationship, Moreover, this attorney is Licensed to practiced law ONLY in LOUISIANA and answers to questions from other jurisdictions or states are meant to provide only general information. Users should contact a local attorney in their jurisdiction or state.


The IRS can put a lien on any real estate that you own, even if it is jointly with a friend or relative. I suggest if you are going to have joint real estate that you have your attorney set up a limited liability company to own the property. The lien will not apply against the property itself, and you should be able to transfer it.

Before you do anything, you should contact a good tax attorney to discuss this.

Good luck!

Ron Cappuccio

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The IRS can put a lien on all property you own including property that you only have a partial interest.


Yes, the IRS can put a lien on any and all property you have an interest in. The lien will likely need to be removed before a buyer will be able/willing to purchase the property. Depending on all facts you may wish to address the matter with an attorney not also representing your brother.

Answer provided is for informational purposes only. It is not intended to create an attorney client relationship, nor is it intended as legal advice.