Divorce,Taxes and Bankruptcy

[Joanna]

We have not spoken in 2 years.
When together, he accrued tens of thousands in unpaid taxes. I am planning on divorce and bankruptcy. Will I be required to pay his debts since we were married at the time he got them?
Should I account for his debts when filing for bankruptcy?

 

[fredrikklaw]

Not unless jointly accrued!

No; you are not responsible for debts accrued by your husband just as he is not responsible for any you have accumulated during the term of the marriage, unless, the original credit was obtained in both your names. In other words, you are each answerable for your own individual and separate financial obligations.

Also, you can only list your own creditors in the bankruptcy petition and not anyone else's, not even your husband's and so any discharge obtained will benefit you alone.

fredrikklaw

 

[Joanna]

What if we filed jointly on the returns, and then neither of us paid the taxes. They are still his taxes?

 

[bluemann33]

What if we filed jointly on the returns, and then neither of us paid the taxes. They are still his taxes?

Did you have income to report on your joint filed tax returns?

 

[fredrikklaw]

Unfortunately, No!

When filing a joint return, both parties are equally responsible for taxes owed, even if you were (for example) a full-time mom and a homemaker and had no earned income at all for that tax year and the I.R.S. can and will go after both spouses in case of any deficiencies in reporting of income or delinquent tax payments.

But if you feel that your husband incurred the tax liability by arbitrarily misrepresenting his income and or expenses and without your knowledge, you may be able to relieve yourself of the tax liability under the I.R.S.'s Innocent Spouse Rule if you can prove that (1) you had no knowledge of the misrepresentation, (2) had no reason to know about the misrepresentation, (3) your spouse misrepresented information on your joint tax return, and (4) that you received no benefit from the misrepresented joint income tax return.

fredrikklaw