Killer IRS - Community Property

Community Property

Community property is property that both the husband and wife have acquired during the time of their marriage. The husband and wife will have half a share of the property each. Other than inheritance or gift, any property that has been acquired during the marriage of the couple is referred to as community property. It doesn’t matter whose money the property was purchased with, because as long as the property was purchased when two people are married, it is considered community property.

If you have purchased property at the time of your marriage and the money used to buy the property was earned by you, the property will belong to you as well as your spouse. It can not be your sole property because it will be considered joint property. The IRS often does not distinguish between community income and separate income since IRS taxes are federal. When you file married filing separately and you live in a community property state the IRS will apportion half of your income and have of your spouses income to each of you.

Which States are the community property States?

There are nine community property states, Wisconsin, Washington, Texas, New Mexico, Nevada, Louisiana, Idaho, California and Arizona.

Does community property also include the property owned before marriage?

No. The property owned before marriage is not considered community property. It will be considered the individual property of the taxpayer. For instance, if you own land before you were married, the land will not be considered community property.

When you are going to be married to someone in a community property state, and your future spouse owes money to the IRS, your income may be subject to levy to pay for your spouses taxes prior to marriage. This is the reason why you need to ensure that your future spouse has paid their taxes in full. For help with all IRS issues, please contact our firm at 713-774-4467

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