QUESTION
Am I responsible for my fiance's tax debt after we get married?
Asked on Mar 15th, 2014 on Litigation - New Jersey
More details to this question:
My fiance owes money to the IRS. Will the IRS be able to garnish my wages after we're married?
6 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Probably not since it should be considered her separate debt. However, if you have joint bank account, the IRS can levy any money in the account, since the account would be in her name as well. You may want to discuss this with a tax attorney before you commingle your money.
Answered on Mar 21st, 2014 at 8:29 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, you're only liable for tax debts on returns that you sign. Since you didn't sign your fiancee's tax returns when the debt arose, you're not liable for those debts. However, once you're married, if you file a joint return the IRS can seize the entire refund to pay her tax debt.
Answered on Mar 17th, 2014 at 2:30 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You are not responsible for your fiance's unpaid taxes but, after you are married, you should not file a joint return with him until his tax problems have been completely solved. While this could be more costly in the short run, in the long run it could save you a considerable amount of money and grief. You should consult with a tax attorney.
Answered on Mar 17th, 2014 at 10:10 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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No, only he is responsible for the debt.
Answered on Mar 17th, 2014 at 9:36 AM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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No, but you probably want to file "Married, filing separately" until the taxes are paid to avoid any possible seizure of your refund.
Answered on Mar 17th, 2014 at 9:36 AM
No, but if you file joint returns and you have a refund coming, the IRS will keep the refund and apply it to the outstanding liability.
Answered on Mar 17th, 2014 at 9:36 AM