Norfolk, NE asked in Tax Law for Nebraska

Q: Can the IRS put a lien our house if my wife is considered an injured spouse and we aren’t in a community property state

I owe some back taxes to the IRS from 2009-2012. I haven’t filed taxes since then because I’m 100% service-connected disabled with the VA so my income is tax free. I married my wife in 2016 so she was unaware of my back taxes. — We have been taking care of her taxes by filing ‘injured spouse’. And the IRS is currently reviewing my situation because They cannot prove why I owe the money (whole other story)— I want to be on the title of our house we live in but I have avoided it because I didn’t want the IRS to put a lien on it. We are in a non-community property state. Can they still do that?

I know the IRS can’t even take my income because mine is 100% tax free. So it doesn’t make sense to me that they could go after our house when it’s not a community property state.

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: Your question is too specific for a general posting board like this. The IRS has some of the most powerful tools of all creditors to collect back taxes. That being said, there are certain exemptions that they cannot garnish from. Even if your income is exempt, your assets may not be or may only be only up to a certain amount of value. You would need to consult with a debtors attorney directly for your specific situation.

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