IfI get married in a community property statewillI have to pay for my husband’s back tax debt?
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IfI get married in a community property statewillI have to pay for my husband’s back tax debt?
Asked on March 3, 2012 under Bankruptcy Law, Wisconsin
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Community property is property acquired during marriage. This also includes income during marriage. Each spouse has a one half interest in the community property.
Separate property is property acquired before marriage or after the marriage ends. This also applies to income before marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
Your husband's pre-marital debt is his separate property and you are not liable for his pre-marital debt because it is separate property not community property.
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