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dodge2500 · Feb 23, 2008, 11:24 AM

Hi,I need info about a lien 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 lien 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 solely now. She is now trying to sell this property,but obviously she can't until the debt is satisfied. Any options?

s_cianci · Feb 23, 2008, 11:35 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, 11:42 AM

I was wondering if the IRS can put a lien on this prop when it was owned by us jointy? The debt was in my name solely.

s_cianci · Feb 23, 2008, 11:49 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 solely 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, 02:31 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.