If I marry a disabled person, drawing Social Security Disability, will I assume her IRS debt?

She owes a debt to the IRS. It is considered
Uncollectible and she files taxes every year.
The IRS debt is 13 years old. I own my home.
Can the IRS take my house for her debt after
we are married? Thank you.

Asked on September 19, 2018 under Family Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The general rule is that any debts that your wife's name you cannot be held liable for. Accordingly, any pre-marital property or any property that you got acquired during the marriage but that is solely in your name cannot be seized or levied against. However, any property acquired during the marriage that is jointly owned with your wife is subject to her creditor's claims.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) No, you do not assume pre-marital debts of your spouse unless you specifically agree in writing to be responsble for them--obviously, do not do that.
2) They cannot take or go after any of your separate assets--anything owned solely by you, acquired pre-marriage. But if something is owned jointly with your spouse, they can go after her share of the asset--so do not put her on your home's title and keep separate bank accounts.


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