Legal Question in Tax Law in Florida

real estate/tax lein

is there any legal way to remove my wifes name from our property. she has a tax lein filed against her on the property (our house). I would like to refi. our property and pay off some debt, however with her name attached to the property the only way I can do this is to settle the lein. Is there anyway to get her off the property?


Asked on 2/08/08, 8:07 pm

2 Answers from Attorneys
Steven Klitzner Steven N. Klitzner, P.A.

Re: real estate/tax lein

You can not take her name off the property. When you refinance, the IRS will take half of the money you get and use it to satisfy her tax liability. The only possibility I can see, without getting more information from you. is if someone else has a lien ahead of the IRS. Steve Klitzner

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Answered on 2/10/08, 8:52 am
John DeLancett Law Offices of John DeLancett, PL.

Re: real estate/tax lein

You can get her name off the property, but that will not remove the lien because whoever takes title from her will take it subject to any liens against her. You can ask for a partial release of lien. The IRS may accept the portion of the proceeds of the refinance equal to her interest in the property. For example: She owns a 1/2 interest. The refinace results in $10,000 net. The Irs will release the lien if you pay them $5000 from the net proceeds.

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Answered on 2/09/08, 10:24 am


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