Will I be responsible for 50% of ex husband's back taxes if he files bankruptcy?

[Jamof4]

What is the name of your state (only U.S. law)? CA. I had no income during our marriage, and he didn't file taxes for 04'-07'. We separated and lived out of state starting in 06', I filed my own taxes from 07' on, and we divorced in 09'. He's currently filing his back taxes from 04' on and then filing bankruptcy. After he files bankruptcy, his tax debt should be gone, but will I owe 50% of his back taxes still?

 

[Ohiogal]

What is the name of your state (only U.S. law)? CA. I had no income during our marriage, and he didn't file taxes for 04'-07'. We separated and lived out of state starting in 06', I filed my own taxes from 07' on, and we divorced in 09'. He's currently filing his back taxes from 04' on and then filing bankruptcy. After he files bankruptcy, his tax debt should be gone, but will I owe 50% of his back taxes still?

Did you know then that he didn't fill taxes for 2004 through 2006? What does your divorce decree state regarding marital debt? What does he state regarding the taxes? Were they mentioned? And he most likely cannot discharge tax monies owed.

 

[davew128]

Did you know then that he didn't fill taxes for 2004 through 2006? What does your divorce decree state regarding marital debt? What does he state regarding the taxes? Were they mentioned? And he most likely cannot discharge tax monies owed.

I agree he cannot discharge the tax on returns he's just filing now. That said, its a community property state. Unless fraud is alleged, innocent spouse doesn't apply here, and the IRS can pursue her for any of the debt, regardless of what the divorce decree may or may not say. He could even file MFS and she's not off the hook.

 

[Ohiogal]

I agree he cannot discharge the tax on returns he's just filing now. That said, its a community property state. Unless fraud is alleged, innocent spouse doesn't apply here, and the IRS can pursue her for any of the debt, regardless of what the divorce decree may or may not say. He could even file MFS and she's not off the hook.

I am not a tax person and thank you for chiming in. I didn't think he could discharge it. My questions about the divorce papers and her knowledge regarding filing matters though because she MIGHT have relief in that court to help protect her -- or at least force her husband to be responsible.

 

[LdiJ]

I agree he cannot discharge the tax on returns he's just filing now. That said, its a community property state. Unless fraud is alleged, innocent spouse doesn't apply here, and the IRS can pursue her for any of the debt, regardless of what the divorce decree may or may not say. He could even file MFS and she's not off the hook.

It may be only 04 and 05 that would be community property, as the OP stated that as of 06 she was living out of CA. If the ex husband does not currently live in a community property state its possible that the issue will never arise with the IRS.