Legal Question in Wills and Trusts in California

Re: Debt Conveyance

Hi and thank you for your question.

This can be a complicated area of law. What you are facing are issues concerning community and separate property debts.

It is possible that your wife could be responsible for this debt incurred by you prior to marriage if you do not draft and sign the proper pre- or post-nuptial agreement. But if done correctly, your wife would have no liability as to your IRS debt.

So the answer is, if you do nothing, yes, it is possible the IRS could determine it is owed jointly and severally by each of you. This is why I suggest you execute an agreement -- the type of agreement really depends on how soon you plan to marry. If you have at least a month prior to marriage (or more), this is best.

Attorneys typically charge within the range of $3,500 - $5,000. Through LawGuru, my fees range (on average) $1,800 - $2,400.

Kind regards,

Marc