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Asked 2/20/2010

Can a spouse be liable for past due taxes from the other spouse?

My husband insisted 13-14 years ago that I file my taxes separte. I took out monies from my 401K plan due to illness and no work. The company that I used did not take out the taxes so now I have been dinged big time. I gave half of the money to my husband to pay off bills and do some repairs around the house that we own together but it is in his name only. He took the money and went on a selfish vacation himself. Now that I am stuck working part time and having to pay the IRS, he refused to help. Is he liable for the back taxes that I owe? With my knowing, my husband refinanced our home and has pocketed more than enough to pay the IRS off.

 
 
 
 
 
Answers

Answer 1/3 - Submitted 2/20/2010

With out me knowing, he morgaged our home.

 
 

Answer 2/3 - Submitted 2/20/2010

As far as the IRS is concerned, it's your debt.

Divorce court will be more reasonable, particularly if you're in a community property state. So he takes all the deductions and leaves you not even being able to take a standard deduction? He's playing you for a fool, but he'll learn that that house is half yours, regardless of who's name is on the deed/mortgage.

 
 

Answer 3/3 - Submitted 2/23/2010

Thanks Brian, I trusted this man with everything, now he just wants to take everything and leave me in the cold after 15 year. Your advice is one that is being seriously considered. Again, Thanks

 
 
 
 
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