What To Expect From the IRS With A Property Lien

Added January 2, 2008 by Ilyce R. Glink and Samuel J. Tamkin

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Summary: A husband quit claimed property to his wife 17 years ago and she is now wondering if the IRS can put a lien on the home for his unpaid income taxes. The IRS can probably put a lien on the home but cannot go after it. The quit claim should protect the home from a lien from the IRS.

Q: Can the IRS put a lien on my home for my husband's unpaid income taxes even though he quitclaimed the property to me 17 years ago? The mortgage is in my name only.

A: Unless there are circumstances beyond those you describe in your letter, the IRS can put a lien on your husband's property, but it should not be able to go after your home. However, if you and your husband file a joint income tax return and the unpaid income taxes arise from that joint tax return, the IRS should be able to put a lien on the home.

Since you took title to the home 17 years ago (and assuming your husband waived any marital and homestead rights to the home), that conveyance to you should protect the home now from any of your husband's creditors, including the IRS.

If there are other issues or circumstances, please talk to a tax attorney for further details.

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