Thanks for your question and good afternoon.What state is involved here??It makes a difference??
Also I need to know if the IRS debt was pre or post marital?
Assuming the house here was purchased after you were married, is that correct?
If you give me more information I will be able to respond to you, thanks for your patience.
And are you thinking about refinancing here your existing loan?
Thanks for the follow up here.This house would be considered marital property so its possible the IRS here could try to lien it.Putting it in one spouse's name does not make it separate property.Your husband would have a marital property interest if it was purchased during marriage unless you could show that it was paid for from separate property such as an inheritance.The IRS cases here address jointly owned properties here in Florida so it is a legally gray area here with your facts.Since it is in your name its possible they do not try to attach a lien or even locate it.You have done all you can here filing separately and keeping it solely in your name.Time will tell if the IRS tries to lien it or not.Here is reference including recent cases..http://www.naplesnews.com/news/2005/jun/15/ndn_it_s_the_law__irs_can_attach_a_lien_to_homeste/?print=1
If they try to file one here you would have burden to then dispute it.
The only absolute way to know that they would not assert a lien is to divorce and have it awarded to you as your separate property.And his debt here would be his and only he would then be liable.It is very possible that the IRS would not try to lien the property since its currently in your name, but it is also possible they might try to claim he has a marital interest against which they assert a lien.
I appreciate the chance to assist you today.Thanks for letting me help you.Please let me know if you have more follow up.I wish I could give you better news but there is potential the IRS might try to lien your property.
If there is already a lien- 2 of them- (as discovered by my loan company as they researched the title) do I have any recourse (other than getting divorced?)
There is a total of about $20,000. Could he file bankruptcy to release the lien??
If they have liens on the property your only remedy here would be to resolve the liens.Divorcing at this point would not protect you if the liens have already been filed.You might be able to challenge them if you can show that the property was purchased with separate funds, n o marital funds wee used here to make payments, taxes, etc.Otherwise you may want to have him try to resolve the liens.These are often resolved for less than the lien as part of IRS negotiations.You both may want to contact IRS and seek to meet with them if you want to resolve them,.Otherwise you are not going to be able to refinance.I am sorry but the liens prevent that or resale until resolved.Thanks for the follow up here.I hope you can resolve these.
Tax Resolution Help..
Here is self help if you want to try and resolve them yourselves.
There are also Florida tax lawyers that specialize in resolution here.https://www.floridabar.org/tfb/TFBConsum.nsf/48E76203493B82AD852567090070C9B9/EC2322E512B83D1E85256B2F006CC812?OpenDocumentI wish you good luck here.I am so sorry that you are having to go through all of this.Consider trying to resolve these liens yourselves or with a professional.These are often resolved for much less than the lien and there are payment options as well.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).