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If I Marry someone who owes taxes can the IRS take any ...

If I Marry someone who...
If I Marry someone who owes taxes can the IRS take any of my money after we are wed even if the debt was incured before marriage? What about the innocent spouse law? What if we file taxes married but separate? Would a prenuptual work?   Will his bad credit ruin my good crediit?
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Answered in 53 minutes by:
6/2/2008
mckeecpa
mckeecpa, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 21
Experience: Over 10 years of tax practice
Verified
Hi,

Here are the highlights of the law regarding the community property. IRS use the each state's law:

California law provides that all property during marriage is community property. Separate property is property owned by a spouse prior to marriage or got by inheritance/gift during marriage.

Creditor may reach all of the community property to satisfy a debt incurred by a spouse before or during marriage. A creditor may also reach all of the liable spouse’s separate property to satisfy a debt incurred by the liable spouse; however, a creditor may not reach any of the non-liable spouse’s separate property.

In your case, IRS can not take money from your separate property. Prenup will work.

Innocent spouse law doesn't apply to your case.

I don't think his bad credit will ruin your good credit unless he starts to mess with your mutual accounts.

Hope those will help. If those are the information you are looking for, please accept the answer. Feedback would be highly appreciated.
mckeecpa
mckeecpa, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 21
Experience: Over 10 years of tax practice
Verified
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