Divorce with Fed Tax lien on Property

[lamebrain]

Because of my husband's failure to pay back taxes for several years, there have been federal tax liens placed on the property we jointly own. I am not liable for any of these back taxes and we are currently separated (not legally) and he is living in the property. My question is if I should divorce him, what legal standing would I have to receive a portion of the equity in the property if the property is sold?

 

[LdiJ]

Because of my husband's failure to pay back taxes for several years, there have been federal tax liens placed on the property we jointly own. I am not liable for any of these back taxes and we are currently separated (not legally) and he is living in the property. My question is if I should divorce him, what legal standing would I have to receive a portion of the equity in the property if the property is sold?

Unless the equity is more than the lien, you may not be able to get anything.

However if it is more, you could certainly petition the courts to assign the lien to his share of the equity rather than yours.

 

[quackatty]

I see three possibilities in your situation. Cut a deal with the man if you feel he is rational and of sound mind. Find out exactly what amount is due the IRS to cancel the federal tax lien. It would be prudent to check for state and any other potential liens affecting your property.

If you feel there is enough equity to warrant buying him out the check should be payable to both your husband and the IRS to insure you will be getting clear title to the property. If you were to sell the house you would not only receive your equity but you would also recover your cost in purchasing his undivided interest in the property. I would get an appraisal from a real estate professional. If the appraiser is also a listing agent engaged in real estate sales there is the possibility of that person giving you an inflated figure in an attempt to list your property. Beware of realtors - they are almost as terrrible as lawyers!