WA state community property/debt law, can one spouse's debt before marriage become another spouse's debt after marriage
Silverdale, WA
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Posted about 1 year ago in Debt Collection
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Marriage and Debt:
If fiance has a lot of debt, in State of WA, can the new spouse be held responsible for fiance's debt after marriage?
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I live in the state of Georgia. My fiance owes the IRS about $10,000 and has a Student loan of about $45,000. Can my wages be attached once we get married? Answers (1)Thuong-Tri Nguyen
This attorney is licensed in Washington.
Posted about 1 year ago.
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Legally, one spouse's debts before marriage do not become the other spouse's debt after marriage.
However, WA is a community property state. This means that wages (and many other incomes) during the marriage of both spouses belong to the marital community in which both spouses have interests. A creditor can seize some of that community property to satisfy a spouse's separate debt. Practically, any assets that have both spouses' names on the assets may be attached by creditors. The spouse not owing the money would have to take steps to block the attachment. For example, if the spouses file a joint income tax return and the IRS has a notice to intercept the refund, the IRS will intercept as much of the refund as needed to pay the amount of the intercept unless the innocent spouse files additional paperwork to notify the IRS not to intercept the innocent spouse's share of the refund. You may want to review your facts and options with your attorney. |