Is it safe to marry a man with Tax debt or will his debt automatically transfer to me when we marry?

Asked over 1 year ago - Indianapolis, IN

I have been with my boyfriend for 12 years and we have never gotten married for fear of my inquiring his tax debt. Is there any way around this?

Attorney answers (4)

  1. Veronica L. Jarnagin

    Contributor Level 12

    1

    Lawyer agrees

    Answered . I HIGHLY recommend that you consult an attorney to prepare a pre-nuptial agreement that specifically sets forth that NEITHER your debts nor his will ever obligate the other AND that neither of you agrees to co-sign any credit card account or loan. You could, of course, also set forth separation of assets as well as these debt liabilities. But to properly protect yourself, hire an attorney here in Marion County to represent you. Please call me if you would like to engage my professional assistance. In any case, hire your own separate legal counsel.
    veRONIca jarnagin, atty, pc
    317-253-7664

    veRONIca jarnagin, atty, pc 317-253-7664 provides this response as general guidance and not specific legal... more
  2. Frank A. Natoli

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . A spouse does not absorb the debts of the other simply be marrying him. If you do marry and then file a joint return you will expose yourself to his tax obligations under most circumstances for that tax year (not prior years).

    It is a good idea to consult a local family lawyer just to make sure you understand any and all issues that can arise.

    Most of us here offer a free phone consult.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the... more
  3. Brian Joseph Munson

    Contributor Level 13

    1

    Lawyer agrees

    Answered . While your separate property will not be automatically subject to his creditors, you should consult with an attorney who is well versed in the property laws and creditor collections in your State.

    You will, though, subject any refund from a jointly filed return to seizure.

    This answer does not establish an attorney-client relationship, Moreover, this attorney is Licensed to practiced... more
  4. Ronald J Cappuccio

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . it is a shame that you have waited 12 years. If you file a joint tax return, the IRS and State will keep any refund. Nevertheless, if you adjust your W-4 and file as married filing separately, you should be okay, Check with your tax lawyer or CPA.

    Ron Cappuccio
    www.TaxEsq.com

    If you do not like this answer or disagree, please look at one of the other answers provided. It is not necessary... more

Related Topics

Debt

There are different types of debt, but all involve one person (the debtor) owing money to another (the creditor). Terms of repayment are governed by a contract.

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