Q: A question reguarding tax liens
Looking for information for my mother. Involving my father. So the story goes - Dad owned our home but accrued tax liens on the home. They divorced, we stayed in the home and he was order to pay child support. he did not pay and owes back child support. my mother said if he signed off the home she would drop the back child support. The home was signed off to her, but there are still tax liens in his name on the home. so she did not sign off the child support. The state is now taking money from him for back child support, and he wants her to sign off. With tax liens in his name on our home she refuses. What can she do to make sure the IRS or anyone does not take our home because of his mistakes? She does not have money to hire a attorney so any information or help is greatly appreciated. thank you.
A:
Assuming that you are talking about a lien and not a levy, it is highly unlikely the the IRS will take your home.
Below is a very clear definition of lien vs levy provided on the its website:
"A lien secures the government’s interest in your property when you don’t pay your tax debt. A levy actually takes the property to pay the tax debt. If you don’t pay or make arrangements to settle your tax debt, the IRS can levy, seize and sell any type of real or personal property that you own or have an interest in."
http://www.irs.gov/Businesses/Small-Businesses-%26-Self-Employed/Underst...
Additionally, if your mother is the only individual on the deed, she may be able to remove the lien. I would highly encourage you to speak with a tax professional to get an answer that is tailored more to the facts of your case.
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