Legal Question in Family Law in Louisiana
I have been married for 48 years..I have not lived with my husband for over 10 years. Due to my husband\'s poor judgment [which I was not aware of] there is an IRS lien on our property. I would love nothing better than to divorce him, but I feel I would be cutting my nose off to spite my face. I am in a very frustrating situation.\n\nSincerely, G. Brown
1 Answer from Attorneys
Why do you think you are cutting off your nose? What are the advantages to staying married? What is the down side of getting a divorce? Usually the liens are against the property AND the individual. Contact the IRS and ask them what the "innocent spouse" determination means. I have no personal experience with that but have heard that a spouse who did not contribute to the failure to pay taxes may have their name removed from the IRS lien. If that happens, you can divorce, sell the house and get your 1/2. My guess you are living in the house that has the lien on it.
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