Can the IRS lien property in my name if my husband owes them money?

Question

We are attempting to resolve his IRS problems, however I am aquiring property and only want my name on deed. Will I be liable for his debt if it was incurred before I obtained this land.

He had this IRS debt befor we were married

Answer 1

If his name isn't on the deed, the IRS generally can't touch it unless they can prove that it was purchased with his funds or mingled funds and you are trying to shield the assets from IRS liens. If he transferred it to you to shield it from the IRS, they can still take it.

If you filed a joint return for the year(s) in question, you both are liable and any separately owned property can be taken to satisfy the tax lien just as jointly owned property can be taken.

If you live in a community property state, consult with an attorney to ensure that the deal is properly structured to prevent it from being considered part of the marital estate if this is even possible in your situation.

Answer 2

Definitely do not put the property in someone Else's name as suggested by another person. Never a good idea.

One-The IRS can put a lien on property in your name if your husband owes them money.
Two- It does not matter when his debt was incurred- whether before or after you obtained the land.

These are tax issues in which the IRS acts differently than legal issues in which creditors can go after your property. An important question is how are you acquiring the property. Is it inheritance? You can keep that separate with only your name as long as you don't use communal family money towards the property. Consult a Real Estate Attorney for the specifics on how to do that. If you are purchasing, then your husband has as much stake in the property as you do.

Answer 3

You probably want to check with a lawyer on this one. Some of this may hinge on the property laws in your state. If you're using mingled funds, I suspect the IRS may consider that they have a legitimate right to lien the property, since essentially your husband paid for a portion of the property. If you can manage to pay for the property without using any marital accounts, you probably can convince the IRS that his debt has nothing to do with your property.

Again, check with an attorney who deals in real estate issues in your state. You'd hate to have your property liened simply because you didn't spend an hour in a lawyer's office.

Good luck!

Answer 4

You can avoid getting blamed for your husband's debts by filing an injured spouse form with the IRS which will mitigate your loss by putting the blame where it belongs, with your husband. Also, by filing this form when you file your taxes together, or seperate, you won't be liable for your husband's debts. I believe the form is called either the injured spouse form or the innocent spouse form. Call the IRS at 1-800-829-1040 to get the correct form to file.........

Answer 5

If the taxes are owed on a jointly filed return, then you are both liable for the tax. Even if it wasn't a joint return, IRS will sometimes put a lien on anything that they can find, and they worry about straightening it out later.

Answer 6

Yes the IRS can put a lien on it.

It's considered community property as you are obtaining after your marriage.

Answer 7

Yes, do you have a trusted family member who will put the deed in his/her name until after the taxes are paid?

Answer 8

Wow! Thank you! I was wondering the same question the other day

Answer 9

Absolutly they can.
You are together in health and sickness, in poorer or richer remember?

Answer 10

http://www.cra.gc.ca