Posted on: 19th Apr, 2009 11:54 pm
My husband and I are recently divorced. We both own a house but he is the only one on the mortgage. During our marriage, a tax lien was placed on the house because of an IRS debt that I owed. The divorce agreement says that I will give him sole ownership of the house and he will in turn pay off my tax lien. If I quitclaim the house to him before he pays off the tax lien, will he still be responsible for the lien? Can he refinance or sell the house after I quit claim it since the tax debt is only in my name?
Hi
Is the tax lien against you or against the property? If it's against the property, then after you quitclaim the property to him he becomes responsible for it. But if it is against you, then even if you quitclaim you still remain responsible for the lien untill it is paid off.
Is the tax lien against you or against the property? If it's against the property, then after you quitclaim the property to him he becomes responsible for it. But if it is against you, then even if you quitclaim you still remain responsible for the lien untill it is paid off.
The taxes are owed on unpaid personal income taxes but the lien is against the property for payment of these unpaid taxes.
Hi skeecyd,
I believe the lien would be on the property, but since it is against you your husband cannot be held responsible for it. If it is not paid off, the lien would still be in your name. He might not be able to sell the house until the lien is paid off. But he can refinance the house and pay off the debt.
Feel free to ask further queries.
I believe the lien would be on the property, but since it is against you your husband cannot be held responsible for it. If it is not paid off, the lien would still be in your name. He might not be able to sell the house until the lien is paid off. But he can refinance the house and pay off the debt.
Feel free to ask further queries.