Would like to remarry, paying irs a monthly payment from past due taxes. How will this affect my new husband?

Asked over 2 years ago - Concord, CA

Owe taxes that were not paid, and 2003 were never filed. $20,000 owed

Attorney answers (3)

  1. Phillip Monroe Smith

    Contributor Level 18

    3

    Lawyers agree

    Answered . You are contemplating getting married in a community property state.This means unless you take special precautions, your husband's assets become community assets subject to lien or levy if they are not clearly identified and maintained as his separate property. "Special precautions" means entering into an instalment agreement with the IRS or whatever governental agency you may owe, retaining an attorney to prepare a prenuptial agreement, keeping all your income and assets separate during the marriage until your tax debt is paid off, and avoiding incuring any tax debts in the future.

    Phillip M. Smith Jr.
    Tax & Business Attorney
    www.worldclasslawyers.com
    323-292-4116

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more
  2. Curtis Lamar Harrington Jr

    Contributor Level 20

    2

    Lawyers agree

    Answered . It will follow you throughout your married life unless you either pay it off or get rid of it.

    One way might involve bankruptcy if the tax debt meets certain conditions.

    Meet and talk with a bankruptcy attorney as soon as possible and before you are married (so that you will have a completely separate option.



    Please remember to designate your question's BEST ANSWER.

    Curt Harrington
    (562) 594-9784
    http://patentax.com/curt/index.html

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more
  3. E. Martin Davidoff

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . It seems that if you are in a monthly payment plan then you are on the right track with the IRS. If you convert your plan to a Direct Debit plan, wherein the IRS takes the money directly out of your bank account each month, the IRS will agree to WITHDRAW their lien. A withdrawal helps your credit record in that it tells creditors that the lien was filed in error (even if that is not true). This program is new for the IRS (about a year) under their Fresh Start program. You can search their website. You can start with the link I have provided below.

    I agree with other attorneys. The IRS cannot hold your husband liable for your old taxes. But, there are concerns regarding assets in a community property state.

    Good luck.

    Marty

    Marty Davidoff, emd@taxattorneycpa.com, 732-274-1600. This answer is provided for general information only. You... more

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