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Can the IRS levy property that is owned in the name of the innocent spouse when the liability was incurred prior to marriage?
Wiki User
∙ 12y ago
No, If this was liability under the individual while he was single, then his/her current spouse will not incur that liability. Secondly, the IRS can't "levy" and asset per say;they normally seize bank account,wages,IRA's or Social Security Benefits. If the vehicle is financed, the IRS isn't going to levy (seize) it. The bank is holding the title and is listed as the first lien holder on that title. If the IRS tried to take it, the bank would just assert their position as the senior secured creditor and take the car themselves. The Internal Revenue Code says that the IRS cannot levy / seize an asset if there would be no net proceeds to the IRS from the seizure. They would get nothing in this case, therefore they will not seize the car.
Wiki User
∙ 15y ago
Wiki User
∙ 12y agoThe IRS doesn't levy property, they levy bank accounts and wages. They can place a lien on a tax payer that owns property and collect on a liability when that property is sold.
In a case where a taxpayer has a liability before marrying; as long as the taxpayer has filed married filing separate each year of marriage, or filed married filing joint injured or innocent spouse, the IRS should not levy or place a lien against the innocent spouse.
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Are you responsible for your spouse's debts?
yes * Only if the couple reside in a community property state and the debt is incurred during the marriage. All CP states allow a spouse to use the "innocent spousal" defense concerning marital debts if the spouse was not aware of the debt made or had no control over the matter. Texas and Wisconsin are not "true" community property states when it relates to marital debts solely incurred. In all other states sole debts belong to the spouse who incurred them.
In Utah what is a spouse's credit card liability if they are not a joint account holder?
Utah is a community property state, therefore both spouses are equally responsible for debts incurred during the marriage even when one of them is the sole named debtor. There are some exceptions to debt liability in CP states but they are contingent on the specifics of each individual case.
What is the difference between Property owner's liability and Tenants liability?
Property owners Liability is the financial , legal liability attaches to property owners due to their property, where as tenants libility vice versa
What is Uninsured motorist protection?
Uninsured motorist coverage provides coverage for bodily injury, and in some states property damage incurred by an uninsured driver or a driver with insufficient liability limits.
Do Common Property Laws apply to debt within a marriage?
The rules that govern debt incurred by one spouse in common law states is much different than the rules in community property states. So the answer is yes. Common law property states govern debts within a marriage as well as property.In a common law property state debts that are incurred by one spouse are not usually the responsibility of the other unless the debt was for something that also benefitted the other spouse or the family.
Is Arizona a Tenancy by the Entirety state?
No, it is a community property state. In a CP state all property acquired during the marriage is considered to be equally owned by both spouses, and in most cases all debts incurred during the marriage are considered to be the equal responsibility of both spouses.
In Ohio if you marry someone who owes taxes are you liable?
No, the only person legally responsible for tax liability is the individual(s) who signed the tax return. However, the non liable spouse should keep in mind, that some marital property can be subject to attachment in such matters even when the marriage occurred after the tax liablity was incurred.
Can your spouse be held responsible for your debt?
No. Debts incurred before the marriage belong to the individual, those made jointly during a marriage belong to both. Married couples who reside in a community property state are generally held accountable for debts made during the marriage regardless of which spouse actually incurred the debt(s). (Texas and Wisconsin do not treat all marital debt in the same manner as do the other community property states).
If two individuals living in NY marry and then move to California which is a community property state can creditors go after the spouses for the amounts owed once in California?
Yes, If the debts were incurred outside a community property state during marriage, the collection can be enforced. All it takes is the signature of one of the spouses to 'bind the community'. Where the marriage occurred is not relevant, all states recognize legal marriages performed in other states. However, if the debt(s) belong to only one of the couple before the marriage then the community property laws would apply only to debts and/or property incurred in CA. There could be grounds for appeal regarding the enforcement of community property laws under these conditions.
How does one get a release of liability?
One gets a release liability when property is newly purchased by someone. When the property is purchased the release liability ensures that the owner of the property will pay of debt.
What are the two type of coverage provided by a homeowners insurance policy?
Property and Liability
If legally separated but not divorced are you responsible for debts incurred by the other partner?
It depends on what state you are from. But I think that it is 50/50 for everything. * Yes, if the debts were made during the marriage and if the couple reside in a community property state. Debts incurred by either spouse after a legal separation order has been issued are attributed to only the account holder. Debts incurred separately by married couples in a non community property state belong solely to the person who is named on the account regardless of the status of the marriage.
