Legal Question in Family Law in Minnesota

Divorce settlement - property settlement

As part of our divorce agreement my ex husband quit claimed his interest in our homestead to me. Now I am selling property and find he has $20,000. IRS Lien against the property. I am contracted with buyer and must sell or risk a lawsuit, and am told I must pay this lien and then deal with my ex-spouse for the $20,000. I filed for divorce in Feb 2003; the lien was registered in Nov. 2003. The divorce and qiot vlaim deed were prpcessed in Aug. 2004. Should my attorney have conducted a title search before accepting the quit claim deed. Also, the attorney did not register the quit claim deed. Since this has occurred, my es-spouse has sold a property in same state for a $102,000. Who is liable for this error? I really feel as tho I'm left holding the bag. What can I do?

left penniless.


Asked on 7/21/06, 6:19 pm

1 Answer from Attorneys
Michael Paul Cundy & Paul, L.L.C.

Re: Divorce settlement - property settlement

Not recording the deed at the conclusion of the divorce may have been an error on the part of your attorney. However, I would speak to a good accountant first to see if the tax lien can be removed since it was placed on a home that your ex-husband no longer owned. Given that you need to sell, you better talk to the accountant asap, since it could take forever to get any money back from the IRS if the lien gets paid off at the time of sale.

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Answered on 7/21/06, 6:34 pm


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