When you marry someone with tax debt does it become yours?
Asked by: Maximo Marquardt II | Last update: December 9, 2025Score: 4.3/5 (65 votes)
What happens if I marry someone who owes taxes? If your spouse had tax debt before you got married, only they are responsible for that debt and you are not liable. However, if you file a joint return and receive a refund, it may be intercepted to pay off part of the debt.
Can the IRS come after my wife for my debt?
If the debt is from joint returns you filed together when married, the IRS can collect from either spouse even after the divorce. The IRS can collect from whomever has money, they don't have to collect 50/50 or honor your divorce agreement.
Does my debt become my husband's when we get married?
No matter whether both spouses agreed to the debts, or even whether both knew about them, both are equally responsible to cover them. Assets and income are also considered equally shared. Upon your spouse's death, you may remain responsible for debt if it was considered community property.
Will the IRS take my refund if my husband owes?
No, the IRS will not seize your tax refund for the debts of a dependent claimed on your tax return.
What is the IRS innocent spouse rule?
Innocent spouse relief can relieve you from paying additional taxes if your spouse understated taxes due on your joint tax return and you didn't know about the errors. Innocent spouse relief is only for taxes due on your spouse's income from employment or self-employment.
Do you marry your spouse's debt too?
Is a wife responsible for husband's tax debt?
When you file a California joint tax return, both taxpayers are responsible for paying any taxes, penalties, and interest. In some cases, a spouse or registered domestic partner (RDP) may get relief from paying all or part of what is owed.
Will the IRS forgive tax debt?
The IRS has a limited window to collect unpaid taxes — which is generally 10 years from the date the tax debt was assessed. If the IRS cannot collect the full amount within this period, the remaining balance is forgiven. This is known as the "collection statute expiration date" (CSED).
What happens if I marry someone with tax debt?
What happens if I marry someone who owes taxes? If your spouse had tax debt before you got married, only they are responsible for that debt and you are not liable. However, if you file a joint return and receive a refund, it may be intercepted to pay off part of the debt.
What happens if one spouse owes taxes but the other spouse doesn t?
If you feel you are not responsible for the debt, there are two ways to request relief: Injured Spouse Claim: You can request that you be treated as an injured spouse, if you filed a joint tax return and all or part of a refund is taken to pay a debt owed only by your spouse and not you.
Does spouse inherit IRS debt?
The arrears may go unpaid when there are insufficient funds to pay the decedent's taxes. The IRS cannot transfer the tax to another person, except to a surviving spouse when they filed a joint tax return with the decedent. In this case, the IRS may collect the tax balance from the decedent's spouse.
Does marrying someone with debt affect you?
You are not responsible for your future spouse's bad credit or debt, unless you choose to take it on by getting a loan together to pay off the debt. However, your future spouse's credit problems can prevent you from getting credit as a couple after you're married.
How do I protect myself from my husband's debt?
You can protect yourself from your spouse's debt by signing a prenuptial agreement before you get married and avoid taking out joint credit. It's especially important to protect equity in your home during a divorce to ensure you get your fair share, since this is likely the largest asset you have.
Is a wife legally responsible for her husband's debts?
Debts either spouse incurred during marriage
Property acquired during marriage is liable for the debts of either spouse. So, a creditor whose claim arose during the marriage can collect your spouse's unpaid credit card debt from both halves of the community property, including your wages.
Can the IRS take my house if my husband owes back taxes?
If the constant thought, “if my husband owes taxes, do they come after me?” is running through your mind, it's important to know the power the IRS has over your house and assets. Unfortunately, yes, the IRS can seize your house or assets, even if your spouse is the one who owes money to the IRS.
When I get married will my husband's debt become mine?
In almost every case, you will not be held responsible for debt your spouse has incurred before your marriage. The only exception to this rule is if you become a joint account holder after marriage. If you take this step, you will accept ownership of the debt and be held accountable for its repayment.
Does the IRS tax spousal support?
California and federal tax laws about spousal support are the same. If you pay support, you can deduct the payments on your federal or state income tax forms. If you receive support, you must report the payments as income on your federal and state tax forms.
What is the innocent spouse rule?
The innocent spouse rule is a provision of U.S. tax law, revised most recently in 1998, which allows a spouse to seek relief from penalties resulting from underpayment of tax by a spouse. The rule was created partly due to spouses not telling their partners the entire truth about their financial situation.
Can I file my boyfriend's taxes if he is in jail?
If he's willing, you can fill out a Power of Attorney form (Form 2848 on the IRS website) which will allow you to file his taxes without a signature. Additionally, your boyfriend can file taxes on his own with the help of jail staff.
Can the IRS go after your family?
So, while beneficiaries don't inherit unpaid tax bills, those bills, must be settled before any money is disbursed to beneficiaries from the estate. Not only that, but the IRS is persistent. It can pursue estate tax liability for 10 years, according to the Collection Statute Expiration Date (CSED).
Does your debt go away when you get married?
If you live in a community property state, you probably will be responsible for debts accumulated by your spouse during the marriage. (These states are California, Texas, Arizona, New Mexico, Nevada, Washington, Idaho, Wisconsin, and Louisiana, while Alaska, South Dakota, and Tennessee make it optional.)
Can the IRS garnish my wages if my husband owes taxes?
If your spouse owes back taxes, the IRS may garnish your wages to collect payment on their liability if you filed a joint tax return. If you filed individually, the IRS would not come after your wages for the balance due.
Am I responsible for my husband's tax debt if we file separately?
You become responsible only for your share of the tax bill. Separation of liability can't give you a refund for taxes you already paid. It can only relieve you from paying additional taxes due on your spouse's income and assets.
What is the IRS 6 year rule?
6 years - If you don't report income that you should have reported, and it's more than 25% of the gross income shown on the return, or it's attributable to foreign financial assets and is more than $5,000, the time to assess tax is 6 years from the date you filed the return.
How much will the IRS usually settle for?
How much will the IRS usually settle for? The IRS will usually settle for what it deems you can feasibly pay. To determine this, the agency will take into account your assets (home, car, etc.), your income, your monthly expenses (rent, utilities, child care, etc.), your savings, and more.
Does IRS debt go away after 10 years?
Yes, after 10 years, the IRS forgives tax debt.
After this time period, the tax debt is considered “uncollectible”. However, it is important to note that there are certain circumstances, such as bankruptcy or certain collection activities, which may extend the statute of limitations.