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Does getting married make me responsible for new wife's debt
Sent to Legal Experts May 20 07:10 PM

I have perfect credit and own my home. My wife to be has terrible credit and has judgments against her, including the IRS. If we get married can they, including the IRS, legally come after my paycheck and assets, such as my house, to get their money she owes them. Even though they are not my debts?

Customer (name blocked for privacy)
Status:  Closed   Value: $10
Answer
May 20 8:00 PM (50 minutes and 32 seconds later)
         
ACCEPTEDCheck Mark
The general answer to your question appears to be 'Yes'.

California Family Code Section 910 a says in part: 
"Except as otherwise expressly provided by statute,
the community estate is liable for a debt incurred
by either spouse before or during marriage..."

While I could not find a specific IRS statement on this subject --
this article from the IRS web site (although concerning a 
different matter) seems to indicate that the IRS follows state
law regarding community property and financial liabilities.

Let me know if you need more input.  If not, thanks for the
opportunity to assist you... I would really appreciate your
honoring my efforts by 'pushing the button' and Accepting this
answer.

Good Luck!

Steve
 

Edited by Oreport on May 20 2005 at 8:02 PM

Counselor /listener/collaborative problem solver. Thanks!
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