Is my wife's property consisdered community property and subject to liens and judgements in SC?

Answer 1

There are presently nine (9) community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. South Carolina is not on the list.

Many states, in their divorce laws, have the concept of "equitable distribution of marital property." Basically, it means that any property acquired during the term of the marriage is subject to equitable distribution upon divorce. Property acquired before marriage and inherited property is not subject to distribution, although the increase in value of such property would be.

In a marital situation, if one spouse is sued, the individual property of the spouse not sued is not subject to lien. Also, property owned as tenants by the entireties (joint tenants with rights of survivorship) is not subject to liens and judgments.

However, federal tax liens are treated differently. A Federal Tax Lien against a husband effectively attaches to his interest in real estate held by him and his wife as tenants by the
entireties. US v. Craft, 535 U.S. 274 (2002).

Also, as regards to property held as joint tenants with right of survivorship, it has been held that where only one of the joint tenants owes taxes, the lien attaches to the taxpayer’s property interest and the entire property may be sold pursuant to judicial sale under IRC 7403, although the non-liable joint tenant must be compensated from the sale proceeds. See generally, United States v. Rodgers, 461 U.S. 677 (1983). However, If the individual, against whose property a federal tax lien attaches, dies before any of the other joint tenants, then the lien ceases to attach to the property. But, if the same individual is the last survivor of the joint tenants, the tax lien then attaches to the entire property.

Answer 2

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Answer 3

Both guys and ladies obtain alimony founded at the notion that throughout marriage, one partner helps and creates a house for the opposite even as they're mountain climbing the ladder of luck even as additionally regularly going for walks the industry of the house. When the couple separates, the notion that the marital help whether or not it's fiscal (procuring the effective partner's schooling even as married), emotional or different is VALUABLE is why alimony is paid.

Answer 4

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