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Can money be taken from me due to my husband's debt?

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AdviceinMA

Junior Member
What is the name of your state (only U.S. law)? Massachusetts

Hi all, my husband has an outstanding debt that he has yet to fight but is beginning the process, so as it stands he owes this money but is not currently paying towards it. He owes around 80k and each year it comes out of his tax return. But now that we are married, can money be taken from me? We decided to have just one joint account for our savings until we know for sure. I have read loosely online that my money can be taken, joint account or not. I'd like to know if this is true in Massachusetts, and if it matters that this debt was acquired long before we married. Thank you.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Massachusetts

Hi all, my husband has an outstanding debt that he has yet to fight but is beginning the process, so as it stands he owes this money but is not currently paying towards it. He owes around 80k and each year it comes out of his tax return. But now that we are married, can money be taken from me? We decided to have just one joint account for our savings until we know for sure. I have read loosely online that my money can be taken, joint account or not. I'd like to know if this is true in Massachusetts, and if it matters that this debt was acquired long before we married. Thank you.
Yes, your joint account can be attached.
Yes, your tax return can be intercepted. If it is, you may have the opportunity to file an injured spouse claim.
 

LdiJ

Senior Member
Yes, your joint account can be attached.
Yes, your tax return can be intercepted. If it is, you may have the opportunity to file an injured spouse claim.
Just as a slight clarification, you absolutely may file an injured spouse claim. The amount of the refund that will be assigned to you and refunded to you will depend on your income and withholding as well as any tax deductions or credits that can be shown as due to you rather than your husband.
 

Zigner

Senior Member, Non-Attorney
Just as a slight clarification, you absolutely may file an injured spouse claim. The amount of the refund that will be assigned to you and refunded to you will depend on your income and withholding as well as any tax deductions or credits that can be shown as due to you rather than your husband.
Thanks for the clarification :)
 

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