My boyfriend and I are discussing marriage. He has a child support lien and IRS debt (50K) Can I be protected from this?

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.

Tacoma, WA -

Attorney Answers (4)

Bruce Clement

Bruce Clement

Family Law Attorney - Auburn, WA
Answered

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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Sean Ryan Kennedy

Sean Ryan Kennedy

Tax Lawyer - Seattle, WA
Answered

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.

Michael T Millar

Michael T Millar

Business Attorney - Toms River, NJ
Answered

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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Jonathan H Levy

Jonathan H Levy

International Law Attorney - Washington, DC
Answered

Worth seeing an attorney about in order to protect your assets.

This is not legal advice but a general comment on society. International Law 24/7 hotline +1-202-318-2406 - Dr.... more

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