I'm not too sure if I worded this well enough. I'm separated from my spouse for about year and four mos...I hope to be able to keep the house when, if we divorce. He had arranged to get
his hands on our retirement and spent it, and didn't pay enough taxes.He didn't file last year.
Is there a potential problem? Can they come after me for payment?The house is in both our names.I do not work, right now.I need to know what i need to watch for?
Yes they could lien the house for unpaid taxes. The IRS innocent spouse explanation can be found here: http://www.irs.gov/taxtopics/tc205.html. You may need tax attorney help on this.
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3 lawyers agree
Estate Planning Attorney
The IRS can most definitely come after your home. This happens quite often because that is where many people historically speaking have some equity. As already mentioned, there may be some protection under the innocent spouse rules. If you are considering a divorce, the tax issue may be settled inconjunction with your divorce. Your divorce attorney should be able to guide you to a tax attorney if the firm you choose does not already have someone on stalf that can assist with this. I recommend you take some sort of action and get professional help as soon as practicable.
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Estate Planning Attorney
I would add that liens are usually only filed on amounts over $10,000 but depending on what you don't know and the increases due to penalties and interest it certainly is probable they will place a lien in the future.
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I agree with all the previous answers. Just keep in mind that even if your husband is ordered to pay the tax due under your divorce decree, the IRS does not have to honor that agreement.
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