If my ex-spouse didn’t take my name off of rental property and $25,000 will be due the IRS when it is sold, how doI protect myself?

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If my ex-spouse didn’t take my name off of rental property and $25,000 will be due the IRS when it is sold, how doI protect myself?

My ex got the rental property. I signed deed to him in 2009 but he did not record it. He was court ordered to take my name off of mortgage and deed. He did neither. For this and a lot of other reasons I got a lien on the property. I went back to court again for this and other non-complince issues. The judge gave me power of attorney to list and sell the property and recoup what he owes me. How do I make sure the IRS goes after him for taxes and not me? If I file a deed over to him now do I lose my rights to the lien? How do I protect myself from becoming more in debt? I no longer have an attorney and am struggling.

Asked on February 26, 2011 under Family Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok so there are two liens on the property: one by the IRS for back taxes (his back taxes alone?) and one from you for what you did not really say but I assume for failing to pay something he was supposed to and you sued and got a judgement then put a lien on the property, correct? Forget turning he property over to him at this point in time.  What would be the point really.  You need to sell the property for more than the IRS lien and your lien for the money owed to you.  What is left is his I would assume as he was to have the property to begin with, correct?  Maybe seek just a consultation from an attorney in your area.  A one shot deal.  It will be worth the money.  Good luck.


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