Legal Question in Tax Law in California

Re: Can the IRS hold me responsible for my husband's debts?

FOR A WIFE: As long as she has not commuted her separate property to community property, her separate peoperty is not subject to his pre-marriage tax liability. Any community property after marriage is subject to the claims of his creditors (even her half). If she files a joint return with him, then any refund is subject to being kept by the IRS in satisfaction of his pre-marriage tax liability. She should not put any assets from pre-marriage or any assets purchased with pre-marriage assets in joint ownership with him. Divorce can protect her pre-marriage assets, but not if an asset was ever recorded in joint ownership with him.

HUSBAND should get the tax situation taken care of.

www.taxworkout.com

Joel Selik

Attoreny, Masters of Laws-Taxation

800-894-2889

Re: Can the IRS hold me responsible for my husband's debts?

Thank you for your posting.

I should supplement Mr. Selik's answer by stating that the IRS has an "innocent spouse relief act" that applies to marital tax liabilities.

To claim innocent spouse. you will need to fill out and send to the IRS a form with certain declarations from you. You can get the form at:

www.irs.gov/pub/irs-fill/f8857.pdf

I hope that this information helps, but if you have more questions, want more information, or feel that you need legal representation, please feel free to contact me directly at [email protected]. Best of luck, and I�m happy to help you in any way that I can.