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

Concord, CA |
Attorney answers 3


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

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mr. Smith is licensed to practice law throughout the state of California with offices in Los Angeles County. He is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. His phone number is 323-292-4116 or his email address is


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

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.


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 Davidoff,, 732-274-1600. This answer is provided for general information only. You should seek advice from an attorney or tax professional.

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