Portland, OR asked in Real Estate Law and Tax Law for Oregon

Q: I own property as joint tenants in common. There are 3 owners. One of the owners has a federal tax liens on the property

We are going to sell the property, the partners share of the proceeds will not cover the liens. Can the IRS take the rest out of the others portion or are they limited to the partners share with the liens

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1 Lawyer Answer
Anthony M. Avery
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  • Tax Law Lawyer
  • Knoxville, TN

A: Each Tenant In Common owns an undivided interest in the property. The IRS is the priority lien holder on the whole property. The Tax Lien does need to be examined for enforceability (SOL, Taxpayer's Name, Tax Debt Due, possible Tax Court Case, etc.). You all might try an Offer In Compromise with the Revenue Officer. It appears you are trying to sell prior to working out the Lien.

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