I was awarded our home in my divorce two years ago. Then last year the IRS assessed a large back tax debt against my husband and placed a lien on my house. Can they do this?
- David Greene
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I think we might be able fight this. If he had to transfer the house to you by Court Order and the tax wasn’t assessed against him until after the divorce, then the lien does not attach to your house. The only exception to this is if there was fraud involved or the divorce was a sham to avoid his debt. After transferring the property to you, your husband had no control over the house and thus the lien could not legally attach to your property. However, if the delinquent taxes were assessed against a joint return (one signed by both of you), then the lien definitely attached to your home. When you signed the joint return, you assumed liability for any taxes owed, whether on the original return or assessed later by the IRS. Please visit my blog at www.greenelaw.legal to learn more. I will be happy to talk with you about your situation and tell you how I can help. Your initial consultation is free and you will be under no obligation. Also, I want to let all of my readers know that I can also help you with delinquent taxes, Estate Planning and probate matters as well as prepare your delinquent and 2022 tax return. I would like to invite you to call or write for a Free Confidential report on how the IRS pursues taxpayers and what you can do to respond.