Legal Question in Tax Law in Texas

Tax Liability for New Spouse

The man I'm seeing & may marry in the future has income taxes the IRS is holding him responsible for that are his ex-wife's. She filed jointly, signed his name on returns, he was not working during this time and all taxes were hers. They divorced in early 90's. She still hasn't paid anything. I reviewed posts of somewhat similar situations, but wanted to verify. If we were to marry, would ANY liability fall to me? Seems from what I read, the best answer is filing separate..? As well, does he have any legal recourse to remove himself of being req'd to pay her taxes? If so, what would you suggest? Thank you very much for your assistance.


Asked on 5/24/06, 1:44 pm

1 Answer from Attorneys
Barbara Lamar Law Office of Barbara Lamar

Re: Tax Liability for New Spouse

I'd need to know more specific details about your situation to advise you about what you should do. But I can tell you a little about the laws that apply. You personally would not be liable in any way for the debt IRS has assessed against the man you're seeing. However, if you get married, under the Texas community property law, 1/2 of your income would belong to your husband and would thus be available for an IRS levy. A marital agreement (prenuptial agreement) could help you avoid this problem.

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Answered on 5/24/06, 3:13 pm


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