i have a property and the irs placed a lien on it against my husband SS#. He is not an owner of the house because it is only under my name and my sister-in-law's name. He is not even in the title. How can get the lien off.
2006-11-03 20:26:51 · 7 answers · asked by chevac80ad 1 in Business & Finance ➔ Taxes ➔ United States
Katie's answer is correct regarding your liability if you are named on the lien. If there is a link between the names listed on the deed to your property and the lien filed by the IRS you will have to petition the IRS to discharge the property from the lien.
This is a complicated process and I advise you to seek professional help. Basically you will submit an appraisal showing the fair market value of the property along with a detailed form that lists all liens encumbering the property along with your reason for seeking the discharge. If there is equity in the property than the IRS will want your husband's half interest in that money.
2006-11-04 21:46:30 · answer #1 · answered by Cain 3 · 0⤊ 0⤋
Matthew has the best answer so far. If you are in a community property state, and you acquired the property after the marriage, he legally owns as much of the property as you do. If the tax liability is related to a joint return, you are as liable as he is. In either of these cases, the only way to clear the lien is to settle the debt with the IRS. If neither of these apply, you should probably consult an attorney to present your case.
2006-11-04 09:33:01 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
If you have ever filed a joint return (MFJ) and or you are in a community property state you may have a problem. You may have a possibility of relief under the provisions for an innocent spouse. The following link will take you to the IRS web site and a discussion on those provisions:
http://www.irs.gov/individuals/article/0,,id=109283,00.html
If the circumstances that brought about the lien occurred during your marriage it may not make much difference that his name is not on the property if you filed jointly.
2006-11-04 01:23:59 · answer #3 · answered by ? 6 · 1⤊ 0⤋
a federal tax lien attaches to all property of the debtor's named on the lien. if your name is included with his, regardless of your SS# not being listed, your property is encumbered.
2006-11-03 21:22:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Contact the IRS with the facts you noted here.
2006-11-03 20:31:50 · answer #5 · answered by Maddy Waddy 2 · 1⤊ 0⤋
Find a good tax attorney
2006-11-03 22:29:11 · answer #6 · answered by ckm1956 7 · 0⤊ 0⤋
Pay what is owed
2006-11-03 20:53:28 · answer #7 · answered by Anonymous · 0⤊ 0⤋