Can you buy out an ex from your mortgage loan if they have a lien on the house?

Both parties are on the mortgage.
One party has a lien on the house for
federal tax debt. Can the second party
‘buy them out’?

This is in The State of Colorado

Asked on January 25, 2018 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, the lien has to be paid off as part of buying out the other party's (i.e. the ex's) interest in or share of the house. You cannot transfer ownership, in whole or in part, without first satisfying the lien.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.