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Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2156
Experience:  Practicing Attorney with 10 years experience
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I live in Arizona and a lady I am dating is pushing to move

Customer Question

Hi, I live in Arizona and a lady I am dating is pushing to move in with me. I own my own house and I truly have my life together. My concern consists of several things. She has quite a bit of debt as she's been independently single for 20 years. Along with this she apparently owes the IRS money. How much? I don't really know but from what I can gather she hasn't paid taxes in possibly 10 or more years. She often gets paid in cash and owns nothing so it's hard for the IRS to track her down. I found out about this when I was helping her move and saw a letter from the IRS. So, here are my two concerns.
1. If she moves in and has all this debt along with the most dreaded debt of all - IRS debt, could that affect me once a record of her living with me becomes evident? Is there any way that I could be personally liable for her debt or IRS evasion?
2. Are there any cohabitation laws that could bit me. If she moves in, is there any concern, perhaps over time, that we may be considered common/cohabitation law married or will I find myself in a situation where the government may automatically assume that we are married. Basically I am concerned that I could be essentially responsible for her separate affairs in this situation.
Divorce is a very serious fear of mine next to being buried alive. I have stayed away from divorce by staying away from marriage. The last thing I want to have happen is to undergo a divorce-like-hell unknowingly.
Thank you for your time,
Submitted: 1 year ago.
Category: Legal
Expert:  Asad Rahman replied 1 year ago.

These are major decisions and I understand your apprehension. Generally her debts would not become yours simply by living together but the harassment from those collection efforts could be burdensome. Also if you help to pay some of her debts off you could ask for reimbursement if you broke up. Arizona does not recognize common law marriage.

Expert:  Asad Rahman replied 1 year ago.

If she did live with you and she helped with expenses of the house such as the mortgage or repairs she would not get ownership but she could seek reimbursement.

Expert:  Asad Rahman replied 1 year ago.

Arizona does enforce and recognize oral or written palimony agreements. (Carroll v. Lee, 148 Ariz. 10, 712 P.2d 923 (1986); Cook v. Cook, 142 Ariz. 573, 691 P.2d 664 (1984)).

However, if there is no agreement in place, the court will not allow palimony.

Expert:  Asad Rahman replied 1 year ago.

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