Legal Question in Family Law in Maryland
Ex-husband wants me to repay him for income taxes he paid
Hi,
My ex-husband recently contacted me and told me that he paid around $10,000 in federal and state taxes (plus penalties and interest) for the one year in which we filed a joint return. He paid these taxes after we were legally separated, but I do not know at this time if he paid them after our divorce was finalized or before. He now wants me to repay him for my portion of the taxes. Our separation agreement makes no mention of how tax liabilities will be handled. Since he chose to pay the taxes without contacting me at the time, can he legally ask me to repay him now?
1 Answer from Attorneys
Re: Ex-husband wants me to repay him for income taxes he paid
Income taxes are personal debts owed the government. You were responsible to pay for
your tax liability. From your question I presume the filing status was married filing joint rather than
married filing separate (the latter being a joint return also). You signed the return, and in doing so accepted the benefit of
his paying the liability. If you had no agreement to the contrary, from the perspective of an equitable claim, you have the obligation to pay your fair share. Additionally, he could potentially assert quasi-contract or oral contract.
What is a fair share may vary considerably since there are several ways to look at this matter.
On the other hand, the settlement of this matter
may be subject to negotiation and the outcome would then hinge on your ability to negotiate. In order for him to bring a claim against you he would need to be able to
trace the with holdings and apportion the respective tax liability as well as segregate credits and deductions (this is not always a clear cut issue).
In answer to your direct question, YES he can legally ask that you re-pay him, and you can settle with him or, if he is within the statute of limitation for his claim, he could decide to bring suit against you. There are other matters such as how your divorce was granted and terms therein, none of these matters are addressed herein and such may change the outcome As with your divorce, there
are legal avenues to address matters and then there are practical restraints, you need to decide how you want to address this.
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of this communication and no inference thereof should be made by any reader of its contents.
G. Joseph Holthaus
(410) 799-9002