Legal Question in Tax Law in New York

My girlfriend of 9 years and I are planning on getting married shortly. She is a Canadian citizen and has been in this country for about 10 years. Since she is a Canadian citizen she never filed a tax return in this country. She has not worked in the last several years and I assume her credit rating is probably not very good.

Last year I purchased an apartment in NYC which we currently live in. I also have some savings and retirement funds. I have excellent credit.

My questions; what liability am I personally looking at when it comes to the IRS once we are married. I�m sure my soon to be wife will have taxes and penalties to pay. Additionally, I hope to some day sell my current apartment and purchase a larger apartment (co-op) in NYC. What obstacles will I have even if the apartment is in my name?

Thanks


Asked on 1/08/11, 7:39 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

If she had no taxable income in the US, she may not owe anything here. If she was a non-resident alient, she may only owe taxes in Canada, which I am presuming if she did, she paid. You should have no liability as to her taxes owed before the marriage and filing joint returns. You should consider fileing joint tax returns and see all taxes, Canadian and US, as may be required, are paid. Assets owned before marriage should remain non-marital assets, unless you make them marital assets, such as by creating joint bank accounts, putting her name on accounts, naming her as beneficiary of retirement accounts or insurance. She will have marital rights in real estate that you occupy as the marital residence, with or without her name on the Deed. You might want to consider a pre-marital agreement, just to be protected. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 1/13/11, 9:28 am


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