I own a home with my husband and it is under a lien for back child support how can this be done when I don't owe that. IN the txas the IRS lets us claim Injured spouse, Can that be done here too?

Who's name is on the title ?

Me and my husband, the bank account is mine though.

Yes, this can be done and is done all the time.

In California the community property (which both spouses own equally--jointly owned property, the marital earnings of both of them) IS liabile for the child and/ or spousal support obligations of one of the spouses--even those those obligations arise out of a different relationship and pre-date the marriage-- and can be reached in satisfaction of those claims.

There's a little caveat on reimbursement, not relevant to your question and there are things that a spouse can do to shelter his or her earnings from liability for those claims and I very much doubt that the rule is substantially different in other states.

There's no "injured spouse" exception and it's hard to imagine why there would be (I'm not sure exactly what you are referring to--the "innocent spouse" rule in tax law? )

When I say injured spouse form that is what it is called, I can imaging why there should be a protection on my finances. I am raising all of his children with him and what he did prior is not my financial responsisbility.

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Originally Posted by vanessabb

When i say injured spouse form that is what it is called, i can imaging why there should be a protection on my finances. I am raising all of his children with him and what he did prior is not my financial responsisbility.

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I know it doesn't seem fair and the rule might be otherwise in your jurisdiction so check it with a local attorney.

Speaking only on California law, the community property of a spouse is liable for the premarital debts of the other spouse, subject to some limitations. But yes, the equity in your house can be reached by creditors even for debts that your husband incurred before marriage.

The key here is that your husband is listed as an owner of the property. Therefore it is subject to lien or attachment for certain debts.