Legal Question in Real Estate Law in Florida
Federal Tax Lien
In the state of Florida, if your spouse is making monthly payments to IRS for a federal tax lien that occurred due to business failure, will the primary residence you share jointly be subject to the tax lien should you try to refinance? Currently the property does not have a tax lien against it.
1 Answer from Attorneys
Fed. Tax Liens on Homes
Facts: Spouse owes Fed. taxes for failed business.
Q. Will our jointly owned primary residence be subject to a Fed.tax lien?
A. Probably not. If the Fed. Gov't has filed a recorded Tax Lien in the county where your home is located, then there is a lien that you must address. If no Lien has been filed, then there is no lien whether you refinance or not. A homestead is subject to Fed. Tax Liens if the debt is jointly owed. If it is against only one and there has been no fraudulent conveyance, it does not attach to Entirities[jointly owned] property.
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