Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.
I am going to answer your question one by one, and feel free to follow up if you have anything else.
Will my fiancée be liable for my premarital federal tax debt and if so, to what degree?
No. This is pre-marital debt, so she will not
be liable, but if she and you have a checking account jointly, then it can be levied, and while Texas disallows most levies, IRS is excluded, i.e. they can.
If she puts me on the deed to her house does that automatically make the house community property?
Yes - Texas is very preferential to community property. A name on a title/deed makes you co-owner, and the property liable for lien.
If she lists me as an authorized signer (instead of a joint account holder) on the account she plans to open would that constitute my having a community interest in that account?
Yes - even that would do it.
Would some kind of prenuptial agreement help us avoid her being liable for my premarital tax debts insofar as her premarital and post-marital assets – such as an inheritance or trust distribution – are concerned?
No - you cannot make a contract with HER to avoid debt to the IRS. So if you agree with her in a pre/post -nuptial agreement that only you'd be liable, joint property
can still be attached.
How would filing a joint homestead on the home affect the IRS’s ability to go after the home? (Not that they would because it’s upside-down. But I want to avoid having a tax lien filed against the home if possible.)
A homestead will not
protect your property from a IRS tax lien, but remember - all they can do anyways is place a lien on it. They won't be able to take it away (homesteaded or not) if it is your principle home.
If my wife buys a car in her name with the trust money and lets me drive it, would the car be considered community property that the IRS could go after?
No, it'd be hers. As long as the money used to purchase it came from her.
Definition of community property in Texas and in general: Owned before marriage by one spouse; or acquired by gift or will or similar legal way by spouse during marriage; or declared as such by prenup or postup (don’t apply in your case for IRS purposes); or traceable property purchased by one spouse only; or tort Recovery for personal injury, but not medical expenses or loss of earning capacity.
I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.
If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after an accept, should you wish to continue in the thread, and I encourage you to do so should you need clarification!
While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.
If you feel that I went an extra step to help, a bonus is always appreciated!
You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”