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I live with my fiancee who has not filled her taxes for the

past several years. She has...
I live with my fiancee who has not filled her taxes for the past several years. She has been getting letters from the IRS with the intent to collect for several months now. Since the home is hers am I at risk to loose my personal property or belongings if the IRS takes the house?
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Answered in 5 minutes by:
7/3/2009
Merlo
Merlo, Accountant
Category: Tax
Satisfied Customers: 9,783
Experience: 25+ years tax consulting. Specializing in returns for US citizens living abroad
Verified
Hello bsmith,

The only way that the IRS could take any property which you own is if your fiancee was also listed as an equitable owner of the property or asset.

If you own your own home and put her name on the deed, then that property could be subject to liens or seizure. If you have a bank account with her name and social security number added as one of the account owners, they can levy that bank account. When you do get married, you should avoid putting your wife's name on any assets that you jointly own until this tax debt has been cleared up.

Once you get married, if you file a joint return together, then any refund which the two of you have coming would be held to pay towards any tax debt she owes. You can avoid this by either filing separate returns, or you can file a joint return, but then you should also file Form 8379 as Injured Spouse. By filing that form the IRS would still send you the portion of the refund which was attributable to your income.

If this was helpful please press the Accept button. Positive feedback is also appreciated.

Thank you bsmith.

Merlo
Merlo, Accountant
Category: Tax
Satisfied Customers: 9,783
Experience: 25+ years tax consulting. Specializing in returns for US citizens living abroad
Verified
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Category: Tax
Satisfied Customers: 9,783
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