Longmont, CO asked in Tax Law for Colorado

Q: I have been married for 11 months and just found out my husband has not filed taxes in 10 years. Am I in any way liable?

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2 Lawyer Answers
D. Mathew Blackburn
D. Mathew Blackburn
  • Licensed in Colorado

A: No you can't be liable for a return you did not sign.

Sometimes collections can take joint property. In that case you would have to prove that you owned the property to get it back.

He should get someone to look at those missing years and get that resolved.

Tim Akpinar agrees with this answer

Linda Simmons Campbell
Linda Simmons Campbell
  • Tax Law Lawyer
  • Burlington, CT

A: I agree with Attorney Blackburn. I also wanted to add that if you file a joint return going forward, you will need to file for injured spouse relief at the same time so that you will receive your portion of your tax refund. Also, you will need to be careful with joint bank accounts and any other jointly owned property. The best thing for both of you moving forward is for him to resolve his issues. He should not just start filing a bunch of old returns without speaking with a tax attorney first and setting up a strategy prior to filing. Just tell him to stay away from the places you see advertised on TV. Most of us on this forum take cases from all over the country and offer a free consultation.

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