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Merlo, Accountant
Category: Tax
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Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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I am currently partners in a property with someone that has

Customer Question

I am currently partners in a property with someone that has irs liens on him. Can they take my half of property to satisfy this lien?
Submitted: 7 years ago.
Category: Tax
Expert:  Merlo replied 7 years ago.
Hello bullard,

If the property you jointly own is titled as "joint tenants with rights of survivorship", then where only one joint tenant owes taxes, the lien attaches to his or her interest, and this interest can be sold. The majority of courts have held that the entire property may be sold and the proceeds divided with the other joint owner, rather than selling only the taxpayer's undivided interest.17 If the person against whom a federal tax lien is outstanding predeceases the other joint tenants, the tax lien will cease to attach to the property. However, if that individual happens to be the survivor, the lien will attach to the entire property in his hands.

A tenancy in common, in contrast to a joint tenancy with right of survivorship, results in undivided interests in property without the right to succeed to the ownership of the undivided interest held by a deceased co-tenant. Thus, once a federal tax lien has attached to one tenant's interest, the lien will survive his or her death and will continue to encumber the decedent's interest in the property as it passes into the hands of his or her heirs.

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