My ex-husband's tax lien is on my house - how can I sell without paying his debt?

This is actually a fairly common issue with tax liens, unfortunately. The IRS files what's called a Notice of Federal Tax Lien (NFTL) that attaches to all property owned by the delinquent taxpayer at the time the lien is filed. Even though your divorce decree awarded you the house, the IRS isn't bound by that agreement - they see a debt and collateral for that debt. You're on the right track with the forms you've submitted. The Form 14135 Certificate of Discharge is exactly what you need. There are several grounds for discharge, but in your situation, you'll likely want to focus on either "property subject to a non-attachment" or "value of property exceeds tax liability." Make sure you include your divorce decree and any documentation showing the value of the house at the time of divorce versus your ex's equity portion. If the value of your ex's interest in the property at the time of the transfer is less than the home's fair market value, you have a strong case. Also, don't forget that if the IRS doesn't approve your request, you can appeal their decision. Sometimes it takes persistence to get through the process.

I went through something similar with my ex's unpaid taxes affecting property I was awarded in our divorce. After struggling with forms and endless IRS calls, I found this service called taxr.ai (https://taxr.ai) that literally saved me months of headaches. They specialize in analyzing tax documents and liens, and actually spotted a critical issue with my discharge application that I would have completely missed. Their system reviewed my divorce decree, property documents, and lien details and gave me a complete analysis of my options. They even helped me prepare my case for why the lien shouldn't affect my portion of the property. The best part was that I didn't have to try to understand all the technical IRS language - they explained everything in plain English and laid out exactly what forms I needed and what to include with each one.

I wanted to follow up about my experience with taxr.ai after I decided to give it a try despite my initial skepticism. Honestly, it was a game-changer for my situation. I uploaded my documents showing the state tax lien from my ex, and within 48 hours received an incredibly detailed analysis. They actually identified that the lien was filed after our property settlement agreement was recorded, which created a timing issue that worked in my favor. They provided specific language to include in my Certificate of Discharge application, citing relevant case law that supported my position. The application was approved in just under 4 weeks! The IRS agent I spoke with even mentioned that my documentation was unusually thorough. Would never have been able to put together such a compelling case on my own.

If you need to actually speak with someone at the IRS about this lien (which you probably will), good luck getting through on your own. After my ex left me with a similar tax nightmare, I spent DAYS trying to reach someone knowledgeable at the IRS. Always busy signals or disconnects after waiting on hold forever. I finally used Claimyr (https://claimyr.com) after seeing someone recommend it, and they actually got me through to a real IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c. It's basically a system that navigates the IRS phone tree and waits on hold for you, then calls you when an actual human picks up. The IRS agent I spoke with walked me through exactly what documentation I needed to include with my Certificate of Discharge (which turned out to be different than what I had prepared). Saved me from having my application rejected and starting over.

I need to eat my words and apologize to Profile 8. After being completely stuck with a similar tax lien issue and failing to reach the IRS for weeks, I reluctantly tried Claimyr yesterday. Not only did it work, but I was connected to an IRS agent in 17 minutes (after spending hours trying on my own last week). The agent was able to pull up my case file and found that my ex had actually entered into a payment plan two years ago but stopped making payments after three months. This was information I never had access to before. She walked me through the exact documentation needed for my Certificate of Discharge application and gave me her direct line for follow-up questions. I'm still in shock that I actually got real help instead of automated messages and hold music. Should have tried this months ago instead of being so stubborn.

Another option you might consider is filing for "innocent spouse relief" using Form 8857. This isn't just for joint returns - it can sometimes help in situations where an ex-spouse's tax liability is affecting your property rights after divorce. I went through this about a year ago and while it took some time, it eventually worked for me. Make sure you gather as much evidence as possible showing that the tax liability was solely your ex's responsibility and that you had no knowledge or financial benefit from whatever created the liability. The more documentation you have from your divorce proceedings that specifically addresses tax responsibilities, the better.

Has anyone mentioned the Taxpayer Advocate Service yet? They're an independent organization within the IRS that helps taxpayers resolve problems. Since you're dealing with a situation where regular IRS channels haven't resolved your issue after 2+ years, you might qualify for their help. And it's free! I used them when I had a similar issue with an ex's business tax lien that was affecting property I received in our divorce. They assigned me a specific advocate who actually called me back and helped navigate the process. You can reach them at 877-777-4778 or look up your local office.

I'm dealing with a very similar situation right now - my ex-husband had a federal tax lien that I discovered was attached to our marital home after our divorce was finalized. Like you, I was awarded the house in the settlement but had no idea the lien would follow the property. One thing I learned that might help you is to request a copy of the original Notice of Federal Tax Lien filing from the county recorder's office where your property is located. The filing date is crucial because it determines what property the lien attaches to. If the lien was filed before you received the house in the divorce, it's attached to the property. But if it was filed after the divorce decree was recorded, you might have stronger grounds for discharge. Also, when you're working on your Form 14135, make sure to include a current certified appraisal of the property. The IRS needs to see that there's enough equity to satisfy the tax debt from your ex's portion of the home's value. Don't just estimate - get professional documentation. The waiting is honestly the worst part. I've been dealing with this for 8 months now and the stress of not being able to refinance or sell is overwhelming. Hang in there - it sounds like you're taking all the right steps.

I've been following this thread closely because I'm dealing with a somewhat similar situation, though mine involves a business tax lien from my ex-wife's failed restaurant that's now affecting our former rental property that I was awarded. One thing I want to add that hasn't been mentioned yet is the importance of documenting any improvements or payments you've made to the property since the divorce. The IRS considers these when evaluating your equity position for discharge applications. Keep receipts for mortgage payments, property taxes, maintenance, and any capital improvements you've funded solely from your own resources. Also, if your ex-husband has any other significant assets, it might be worth including documentation of those with your Form 14135. The IRS is more likely to discharge a lien from your property if they can see other avenues for collection from the actual debtor. Bank accounts, other real estate, vehicles, retirement accounts - anything that shows he has the means to satisfy the debt without your property being involved. The whole process is incredibly frustrating, but from what I've learned, persistence and thorough documentation are key. I'm about 6 months into my own battle with this, so I completely understand the stress you're going through.