Richmond, KY asked in Tax Law for Kentucky

Q: would a future spouse be liable for an IRS debt that i have now?

I live in Kentucky

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

A: A spouse is only liable for taxes that are filed jointly with their husband or wife. Having said that any assets that you hold jointly may be subject to lien or levy. For example, if you own a home together the IRS can seize your half of the equity in the home.

Your best option, if you have not already done so, is to set up a payment alternative with the IRS prior to getting married. If you wait until after you get married your spouses income, while not subject to levy, will be considered when the IRS determines your ability to pay back your debt.

I recommend speaking with an attorney to discuss your options. Most tax attorneys offer a free consultation. Just stay away from the places you see advertised on TV.

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