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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15308
Experience:  15years with H & R Block. Divisional leader, Instructor
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Then would there be any possible way to protect myself from

Customer Question

Then would there be any possible way to protect myself from my future husband's debt? He has a complicated situation where his mother bought a property in his name many years ago and open a mortgage account in his name also. The mother had created a lot of debts and tax liens in his name without his awareness. While we have hired a real estate attorney to resolve this issue, I'm very concerned about the possibility that the mother accumulates more debt during my marriage and the half of future debts may fall into my responsibility. I'm wondering if there could be any possible way to protect myself. What if she again creates a tax lien in the future during my marriage, when I file a tax jointly, then will I be responsible for this tax lien as well although this property was bought before the marriage? Please let me know.
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Hello

Because you are in a community property state, 1005 protection from his debts would be more difficult.

Some states do not distinguish between pre- and post-marital obligations and allow creditors to collect an obligation from 100% of community property. Therefore, in these states the Service may also collect taxes from 100% of community property for all premarital debts of a spouse. These states include California, Idaho and Louisiana.

All states, except Texas, allow collection of some post-marital obligations from 100% of community property. Some states (California, Idaho and Louisiana) allow creditors to collect all debts of either spouse from 100% of community property. Other states (Nevada and New Mexico) only provide for this remedy for post-marital obligations. Although the Service's lien rights would allow it to levy on only 50% of community property, the Service may avail itself of a state remedy as well as a federal remedy.

All community property states allow spouses to vary the effects of the community property regime by written agreements. The legal requirements for such marital agreements vary by state. The Service will honor such agreements in accordance with state law.

If the agreement is entered into after marriage and after the liability was incurred, these fraudulent conveyance statutes have been held not only to prevent recharacterization of existing assets, but also recharacterization of property to be received in the future (e.g., wages or other future income).

Having your attorney draw up a separation of assets would assist you the best and not filing joint.

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