divorce, Property, tax lien

[ctp123]

What is the name of your state (only U.S. law)? Arizona

I have several questions and don't know which section to place them under.

After 12 yrs of Marriage I'm asking my husband for a divorce. We bought a home with money I had prior to getting married.
The deed of trust is in my name. My husband did quick deed to me since we were using my money. The 1st & 2nd loan is in both of our names.
When we got married he owned a business with a partner. They didn't pay taxes and now there is a tax lien on my property.
I have called the IRS in the past and they will not give me any information on
the tax lien since I am not a responsible party.

If I get a divorce and ask to keep the property, will the IRS remove the tax lien?
How can I get the tax lien removed if I am divorced and the IRS says I'm not responsible?

My father owns the 2nd on the property, what if he forecloses on the property? Will that remove the tax lien?
The 1st mtg ($160K, 2nd mtg ($40K) and tax lien ($200K) is more than what the property (value $225K) is worth.

If I give the property to my husband in the divorce, he doesn't make enough money to pay the monthly mortgage. Will I be responsible for the payment?

Please help me make a decision on whether to keep or give up the property.What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? Arizona

I have several questions and don't know which section to place them under.

After 12 yrs of Marriage I'm asking my husband for a divorce. We bought a home with money I had prior to getting married.
The deed of trust is in my name. My husband did quick deed to me since we were using my money. The 1st & 2nd loan is in both of our names.
When we got married he owned a business with a partner. They didn't pay taxes and now there is a tax lien on my property.
I have called the IRS in the past and they will not give me any information on
the tax lien since I am not a responsible party.

If I get a divorce and ask to keep the property, will the IRS remove the tax lien?
How can I get the tax lien removed if I am divorced and the IRS says I'm not responsible?

My father owns the 2nd on the property, what if he forecloses on the property? Will that remove the tax lien?
The 1st mtg ($160K, 2nd mtg ($40K) and tax lien ($200K) is more than what the property (value $225K) is worth.

If I give the property to my husband in the divorce, he doesn't make enough money to pay the monthly mortgage. Will I be responsible for the payment?

Please help me make a decision on whether to keep or give up the property.What is the name of your state (only U.S. law)?

If the deed is in your name only, the IRS should not have been able to put a tax lien on it for your husband's business taxes, unless somehow you were also on the business. I suspect that your husband's name is showing on the deed somehow.

The way home sales are going if you let it go your father might not get his money back, because the first mortgage will be primary and the bank won't care about getting any more out of it than what you owe them. It would be better to sell if you want your dad to get any money back.

 

[ctp123]

Thanks

Thank you all for your help. I was going to pay for a title search so I could know exactly what is on the property. But funds are really tight and I don't have the $450 they wanted to run a search. Since you all said that his tax lien should not be attached to the property if it is in my name, I finally decided to call the IRS to get the amount owed stating I want to refinance. The IRS agreed that my spouse has the tax lien but it is not attached to the property.

They couldn't give me anymore information on my spouses debt. I don't understand how he could have a tax lien and it not be attached to property. But yippy for me.

 

[LdiJ]

Thank you all for your help. I was going to pay for a title search so I could know exactly what is on the property. But funds are really tight and I don't have the $450 they wanted to run a search. Since you all said that his tax lien should not be attached to the property if it is in my name, I finally decided to call the IRS to get the amount owed stating I want to refinance. The IRS agreed that my spouse has the tax lien but it is not attached to the property.

They couldn't give me anymore information on my spouses debt. I don't understand how he could have a tax lien and it not be attached to property. But yippy for me.

What made you think that there was a tax lien on your house to start with then? Where you just assuming that because your husband had a tax lien that it was attached to your property?

 

[nextwife]

$450?????? Are you getting a title report or title insurance? That sounds very high. My title customers usually got simple property reports like you need for $75-$150. Your search need not include matters "matters that run with the land" like easements and deed restrictionsd. All you need is encumberances since purchase, like mortgages, liens, judgements.