I am wondering if Washington state and the IRS recognize debts as personal prior to marriage or do they become community property?
I own my own home and he doesn't want to risk me losing it or putting his debt responsibilities onto me.
His child support order is from Washington State.
You will want to enter into a separate property agreement outlining what property and debt will be deemed to be that of the individual and not the marital community.
Furthermore, look into Injured Spouse Form 8379. This will protect you from the IRS taking your refund checks to satisfy his liability. The separate property agreement will go to support this treatment. Washington state is a community property state, so issue like this are a little tougher to maneuver around. However, it isn't anything you can't do with a little planning.
I would suggest a pre-nuptial agreement to shield your premarital assets from the debt that he brings to the marriage.
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Family Law Attorney
Yes. In theory, pre-marital debts remain the sole responsibility of the original debtor. In addition, child support is normally the sole debt of the obligor after marriage. However, I have seen courts and agencies make mistakes. The best option is to execute a pre-nuptial agreement that adresses these issues.
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