Will my husband be liable for my pre-marital debt?
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Will my husband be liable for my pre-marital debt?
My fiance and I want to marry but I have credit issues. Our main concern is that the money I owe the state may be taken out of his tax refund.
Asked on July 29, 2011 California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You essentially have 3 issues here: is a spouse liable for another spouse's pre-maritalal debt; is a tax refund community property; can a state garnish a tax refund.
First of all, community property is liable to pay a debt either spouse incurs before marriage and during marriage, regardless which spouse controls that property. So, yes your husband can be held liable for your pre-marital debt.
Secondly, community property is all property, real or personal, wherever located, that was acquired by a married person during the marriage while domiciled in CA. This includes income tax refunds that are issued for a period of time in which the spouses were married. In other words, if the income tax return covers a year during which you were married, it is considered to be community property.
Lastly, as a rule there are only 3 entities that can directly garnish a federal tax return: the federal government; the Department of Education; and a state revenue service. Specifically, a state department of revenue can garnish your income tax refund for state taxes that are due or for student loans that are guaranteed by the state.
Bottom line, yes, your husband's income tax refund can be garnished by the state.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You essentially have 3 issues here: is a spouse liable for another spouse's pre-maritalal debt; is a tax refund community property; can a state garnish a tax refund.
First of all, community property is liable to pay a debt either spouse incurs before marriage and during marriage, regardless which spouse controls that property. So, yes your husband can be held liable for your pre-marital debt.
Secondly, community property is all property, real or personal, wherever located, that was acquired by a married person during the marriage while domiciled in CA. This includes income tax refunds that are issued for a period of time in which the spouses were married. In other words, if the income tax return covers a year during which you were married, it is considered to be community property.
Lastly, as a rule there are only 3 entities that can directly garnish a federal tax return: the federal government; the Department of Education; and a state revenue service. Specifically, a state department of revenue can garnish your income tax refund for state taxes that are due or for student loans that are guaranteed by the state.
Bottom line, yes, your husband's income tax refund can be garnished by the state.
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