Legal Question in Credit and Debt Law in Pennsylvania
My Fiance owes $50,000 in IRS tax debt and another $40,000 in credit card debt from about 4 years ago (business gone under) If I marry him will I assume any financial responsibility?
2 Answers from Attorneys
No. But he should consider eliminating that debt in a bankruptcy if that's possible. While you will not be liable for his debt, execution proceedings could result in the sheriff appearing at your door to conduct a levy or a joint bank account being frozen which would result in bounced checks.
Feel free to have him call or e-mail me on a free initial basis.
No. I am not a tax attorney, but unless you signed the tax return (as where spouses file a joint return) you are not at all liable for the tax debt.
Nor are you liable on the credit cards. I agree with Attorney Nahrgang that if your fiance is going to file bankruptcy, he should do it before marriage.
Your fiance really needs to see if the tax debt is dischargeable in bankruptcy. If not, then your fiance needs to decide what to do. My advice would be to see a tax attorney and work out some kind of offer and compromise on the tax debt if it is not dischargeable.
On the credit card debt, that can be resolved and if the tax debt is not dischargeable, I would not necessarily file on just the credit card debt. However, it depends on your fiance's assets and his other circumstances.
Bankruptcy is not without its consequences and your fiance needs to be aware of those. I also don't know what assets your fiance has or doesn't have. While nobody likes being sued, there is no wage garnishment in PA and there are things you can do to make yourself judgment proof, starting with a bank account. Don't have a joint account with your fiance. A creditor cannot take your assets for your fiance's debts.
Your fiance should get a consult with a bankruptcy attorney and educate himself on the process. Many attorneys give free consults and just because your fiance gets a consult does not mean tthat he needs to file bankruptcy immediately. If bankruptcy is not an option for him and he wants to resolve the credit debt outside of court in a non-bankruptcy context, I give free email consults. Please have him contact me at [email protected].