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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7252
Experience:  15years with H & R Block. Divisional leader, Instructor
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my partner and i have been living together for 20 years. he

Resolved Question:

my partner and i have been living together for 20 years. he has an irs tax lean for over 20k on file. if we were to marry would the irs be able to take my property or bank checking an savings accounts to pay his taxes or take my tax refund to pay his old taxes? All are in my name not his but he can sigh on two of my accounts.
Submitted: 10 months ago via USmarriagelaws.
Category: Tax
Expert:  Robin D. replied 10 months ago.

Robin D. :

Hello and thanks for trusting me to help you today. I am a tax adviser with over 15 years of experience.
They would be able to attach a lien on any joint property should you marry. In Texas, because each spouse has a half interest in community property, a federal tax lien attaches to 50% of all community property in Texas. However, Texas law also allows a creditor to reach 100% of the liable spouse's sole management community property and 100% of joint management community property to satisfy a premarital debt.

Robin D. :

For example, the Service could reach 100% of the liable spouse's wages and 50% of the nonliable spouse's wages. If property subject to a lien is a homestead, collection is subject to other limitations, and Counsel should be contacted.

Robin D. :

I would think carefully before marrying and see if he could not clean up his tax situation prior to that.

Robin D. :

If he were to enter into an Installment Agreement the IRS does not take collection actions while that is in place and while the taxpayer is making the payments.

Robin D. :

My goal is to give you excellent service. If you are satisfied, please rate me. If you have follow-up questions on this same topic, use the reply box below. To start a new conversation with me on a new topic request me again.

Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7252
Experience: 15years with H & R Block. Divisional leader, Instructor
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Expert:  Robin D. replied 10 months ago.
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