Silver Spring, MD asked in Tax Law for Maryland

Q: Can the IRS put a lien on my house if it is also in someone else's name, who is not a spouse?

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1 Lawyer Answer
Eric Steven Day
Eric Steven Day
  • Tax Law Lawyer
  • Henderson, NV

A: When the IRS places a lien on an individual, it places a general lien on that individual which then is supposed to attach to all personal property that individual owns. If the house is owned by two unrelated individuals and you go to sell the house, the title company will not be allowed to clear title without dealing with the lien in your name. When the IRS places the lien the lien attaches to your interest in the house. So if the home value is $500,000, then the IRS has a lien on that property in the amount of $250,000 (assuming you are a 50% owner). Whatever your interest in the home is, the IRS has a lien on that interest and not the other individual's interest.

Marie-Yves Nadine Jean-Baptiste agrees with this answer

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