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In Texas, Is a new wife exposed to previously obtained income tax liens/levies & garnishments by her new husband?
Anonymous2 views3 answers
We are both residents of Texas & I have income tax liabilities/liens from a previous audit. If we marry, will my new spouse, who owns her home outright, immediately be subject to garnishments, liens and/or levys? and/or if we decide to move and she sells her house to buy a new house in another town, will she then be subject to a lien as it was purchased after marriage. I have requested an offer and comp but have not received an answer in 2 years. SERIOUSLY NEED HELP. We will not marry until we are certain.
If you were to marry, your spouse would not be subject to federal tax liens or levies due to your own tax liabilities. If she was to purchase a new home, then the liens would not be asserted against her property, although you should check with a Texas lawyer to clarify that matter. I would advise you to contact the IRS and inquire about the status of your Offer in Compromise. Two years is a very long time to wait for a decision. Remember that if you get a decision, you have appeal rights, as well as post-appeal mediation rights. So be vigorous in pursuing your Offer.
I recommend speaking to a family law attorney about a prenuptial agreement clearly listing the separate property that she owns prior to the marriage, as well as disavow any community income upon marriage. I have to disagree with Mr Wright in that I have dealt with the IRS garnishing a spouse's community wages for other spouse's tax liabilities when there was no prenup in place. You should definitely call the IRS regarding the outstanding OIC; however, the IRS. Is moving very slowly right now. I have 1 client whose OIC was just assigned to a revenue officer after 1 1/2 years.
