Toledo, OH asked in Real Estate Law and Tax Law for Ohio

Q: Can the State of Ohio prevent the sale of real estate if they hold a Tax Lien against the property?

The State of Ohio holds a Tax Lien against real estate that I own jointly with my spouse. The tax debt is solely mine and does not involve my spouse. My spouse would like to sell the real estate and get their share of the proceeds. My share of the proceeds will not be sufficient to pay off the tax debt. Can the State of Ohio prevent the sale of the real estate unless I pay off the entire debt? If the State of Ohio will not intervene to prevent the sale, but will not release the lien on that property for my share of the proceeds, isn't that the same as preventing the sale?

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Cincinnati, OH
  • Licensed in Ohio

A: The state will not intervene to stop the sale, but unless all liens and mortgages can be paid at closing, then the buyer will not close the sale. You would have to pay money at closing to make up any deficit, for there to be sufficient funds to pay off the lien. Otherwise, a buyer will not close.

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