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I currently have IRS tax debt and lien. If I get married,

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I currently have IRS tax debt and lien. If I get married, will this debt liability be passed on or attached to, in any way to my new spouse?
Welcome. THANK YOU for choosing Just Answer. My name is XXXXX XXXXX my goal is to help make YOUR life, a little...LESS taxing.

I am sorry to hear about your medical condition. As California is a community property state, the following applies;

  1. For collection purposes, the Service (depending on state law) may collect taxes owed by only one spouse entirely from community assets or a portion thereof. This includes community property earned by or titled in the name of the other spouse.





In brief, what the above means is that the IRS can attach any community property or a portion thereof to collect the tax debt. If there is no community property involved, your future spouse will not personally be responsible for your tax debt. For a better understanding on how tax laws are applied in community property states, you may want to refer tothe IRS Pub 555;


Please let me know if I can be of further assistance to you regarding this matter.


Thank you again for using JUST ANSWER.

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Customer: replied 3 years ago.

Thank you for your assistance.

Hello again,

Thank you for the positive rating. I appreciate it. Please feel free to contact me in the future should you have other tax related questions. Even if prompted to do so, there is no need to respond to this post.
Customer: replied 3 years ago.

Is there a source to look at for the definition of community property? I do not own a home anymore. When I get married, could my lien be applied to items such as her car or other items?

Hello again,

The IRS' definition of community property is as follows;

  1. Community property is generally, and broadly, defined as all property acquired during marriage that is not established to be separate property. Community property is the default characterization of all marital assets. It is highly favored by the laws of the Community Property States. Community property typically includes salary, wages and other compensation for work performed during marriage, the fruits resulting from the labor and skills of each spouse, income derived from community property assets, and separate property that has been changed ("transmuted" ) into community property.






Definition of Separate property;


  1. Separate property is all property acquired before the creation or after termination of the community property estate and property acquired by one spouse during marriage through gift, inheritance, or an award for personal injury damages.

In brief, any property that is acquired prior to the marriage is not considered community property.

Customer: replied 3 years ago.

Understood perfectly, thank you. Eric


I guess I'm getting married!

Eric, you are welcome. By the way, thank you for the bonus as well. Have a good night.

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