Ask Experts Questions for FREE Help!
 

Free Answers in 3 Easy Steps

Register Now
3 Steps
 


Ask QuestionsprogressAnswer QuestionsprogressBuild ReputationprogressBecome an Expert
 
At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:
  • Get free answers from experts in any of our 300+ topics.
  • Accept money for answers that you provide.
  • Communicate privately with other members (PM).
  • See fewer ads.
  Answer this Question    Ask about Taxes    Ask about another Subject  
 

dodge2500
Feb 23, 2008, 10:24 AM
hi,i need info about a lein on a property.i own back taxes from 99,01,03.in the amount of approx 40k.i tried to offer a payment plan to the irs,they declined it. i was divorced in dec of 2006.the irs put a tax lein on the property that my exwife now owns from a settlement in the divorce.
the property was in both our names since about 2002.it is in her name soley now. she is now trying to sell this property,but obviously she cant until the debt is satisfied. any options?

s_cianci
Feb 23, 2008, 10:35 AM
So what's your question? As you already said, she cannot sell the property until the lien against it is satisfied. Of course, the property could be sold and the tax lien satisfied from the proceeds, assuming that it can be sold for at least the amount of the lien. She owns it now anyway and she's the one who would profit from the sale, so what's your concern?

dodge2500
Feb 23, 2008, 10:42 AM
i was wondering if the irs can put a lein on this prop when it was owned by us jointy? the debt was in my name soley.

s_cianci
Feb 23, 2008, 10:49 AM
Yep. You were a part owner so it was perfectly fair game. In fact, now that I think about it, I'm surprised that it was able to be transferred soley to your ex-wife without the existing lien being satisfied. Either way, the lien is there and must be satisfied before the property could be sold.

AtlantaTaxExpert
Mar 7, 2008, 01:31 PM
The divorce attorney screwed up.

When the property as transferred in a divorce, the title search should have revealed the lien and procedures should have been implemented to get the lien lifted. Apparently, the title search was NOT done.

Contact the divorce attorney and demand an explanation as to why a title search was not done. It is possible that he could submit a claim to his errors-and-omissions insurance to get the lien paid off.