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my future husband owes taxes after we marry can i be held responsible for this debt

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da2ma23ja30

Guest
in answer to the innocent spouse information

At this time we are not married; we will be getting married; we did not file a joint return. This tax liability it from more than a year ago-----i am concerned because i own a house and it is mine--once we marry can the irs consider this property my future husband's asset?
 
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roamer5

Guest
As an income tax prepaper I can tell you this:

Your marital status on the last day of the year determines how you file for that tax year. If you get married anytime this year, then your filing status for tax year 2002 would be either Married Filing Jointly(MFJ) or Married Filing Separately (MFS).

If you elect MFJ then all of your previous tax debts are combined.
For example, if your joint refund is $800, but your husband owes $1200 in back taxes, then the IRS will probabably apply your joint refund to his debt. No refund, he now owes $400.

That is where the Injured Spouse form comes into play. Basically, if let's say, $350 of the $800 refund is attributable to your stuff, then the IRS may issue you a refund of $350 and apply the remaining $450 to his debt. There's no guarantee on that.

As far as the home ownership issue, I would have to refer that one to a tax attorney.
 

kat1963

Senior Member
Nah, as long as you don't put his name on it...just don't joint anything with him, bank accounts, cars, taxes ect. Just went thru this mess with Hubby, thank goodness it's over with. Do yourself (him) a favor. Go to the IRS site and look up Offer in Compromise. Print out the required paperwork, then..and this is important, I can't stress this enough..go to the library, or book store and grab book on how to file it. Just like anything else with the IRS if you don't do it right, completely so, they find something to deny the offer on...so any help you can get from books and/or research is worth it's weight in gold.
Good Luck!
KAT
 
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da2ma23ja30

Guest
tax liability

kat--thank you for the information---i am really concerned about my house---i will visit the site etc. as you suggested. the filing jointly etc. injured spouse etc. i understand that---
 

kat1963

Senior Member
They can't touch your house unless you put him on there or anything else in your name...trust me, been there done, done that. I had to get a no doc loan (high interest) to purchase this house in my name only because I couldn't prove the income to afford the purchase alone.*LOL*..and he had the IRS lien, which turned out to be WRONG, so now we am fighting for 11,000 back. Make sure you get everything from the IRS, they really do put up a fight, but with some research and stuff, he might be in the clear within a few years hopefully. They have several offers in compromise for cents on the dollar.
Good Luck!
KAT
 
J

Jane G

Guest
IRS

State is Arizona.
I have same problem. I owned a house before marriage. got married 2 years ago, husband has outstanding tax debt from his last marraige. He is trying to do Offer in Compromise, but because this is a community property state the IRS is looking at my house appreciation. I have kept the house in my name only and pay the mortgage and all taxes and repairs out of my wages in a seperate account in my name only. We have co-mingled nothing, but the IRS says my wages are 1/2 his so he may have an interest in the appreciation since he has lived with me. I am planning to do a post nuptual stating that our wages belong to ther person who earns them, but don't know if this will help.
 

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