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My husband owes back taxes that occured prior to our marriage. Can the IRS recover these from me now that I'm married (i.e. seize my home, withhold from my pay etc.). Also, if we divorce, would I be accountable for any of this debt?

2007-10-17 05:58:14 · 8 answers · asked by winslow_alexander 1 in Politics & Government Law & Ethics

8 answers

During your marriage, the IRS can collect your husband's back taxes from your joint assets. Generally, this means joint checking accounts, jointly owned property, etc. It can also mean your paycheck, if earnings of a spouse during marriage are considered community property in your state.

If you divorce, it is possible that you can confirm his pre-marriage debts as his sole obligation after the divorce.

Talk to a tax attorney in your state.

2007-10-17 06:05:36 · answer #1 · answered by raichasays 7 · 0 0

They can seize any jointly held asset -- because the asset also belongs to the person who owes the taxes.

They generally cannot seize any assets that are only yours and not your husbands -- though different states have different rules about how that determination is made -- some of which also apply to federal collection efforts.

2007-10-17 06:10:17 · answer #2 · answered by coragryph 7 · 1 0

All jointly owned property is subject to being taken for back taxes. There are too many variables to give you a proper answer. Call a tax office and inquire.

2007-10-17 06:03:27 · answer #3 · answered by sensible_man 7 · 0 0

As soon as you file taxes jointly, his tax debt becomes yours. As long as you file seperately, back taxes he owes are his responsibility alone. My husband and I found this out for our taxes. If you have already filed jointly, whatever debt he has with the IRS is now equally yours.

2007-10-17 06:05:57 · answer #4 · answered by abiona 3 · 0 1

If you claim jointly now than yes but I pretty sure you can still file separately and if your both on the mortgage oh ya they will take everything you own our government does not care about its people only what they can squeeze from us. And if you divorce the poor guy he's on his own.

2007-10-17 06:07:38 · answer #5 · answered by charliecasey42 2 · 0 0

if you are now married they technically can go after his assets which are also yours, that is assets bought or attained during the marriage.. they can't garnish your wages but if the house is bought during the marriage they could place a lien on it..

part of any divorce settlement should stipulate that all future claims are the responsibility of each party.

2007-10-17 06:19:59 · answer #6 · answered by Anonymous · 0 0

1 - Yes
2 - most likely

Sounds to me like you married a problem and now you want to see what will happen if you dump him

The best best is for you and hubby to be proactive, using a experienced tax attorney and approach the IRS to make a settlement to get this behind you.

2007-10-17 06:04:43 · answer #7 · answered by roadrunner426440 6 · 0 0

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2016-10-12 23:14:05 · answer #8 · answered by ? 4 · 0 0

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