The issue of whether you are responsible for your husband's back taxes depends on the unique facts of your case.
Ultimately, you will need to get advice from a qualified tax professional (an accountant), because lawyers are not tax experts.
However, based on what you have said, you have significant legal issues which require immediate attention. Therefore, I strongly recommend that you meet as quickly as possible with a very experienced New Jersey Divorce and Family Law lawyer. Please click on the link below for more information.
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Lawyers are not tax experts unless they are tax lawyers!
If you filed all returns as "married, filing separately" then your accounts as separate and you each have your own tax debt. If any of these returns were filed "married, filing jointly" that is a different story, but you do have some possible options for relief in that case. The distribution of assets in divorce is a separate but related issue.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/Ask a similar question
So long as you filed your returns separately, you are not responsible for your husband's back taxes. That being said, however, if your husband has any sort of interest in the house - and I cannot tell that just from your description - then the IRS might be able to seize the house and sell it to pay for your husband's back taxes; if that were to happen the house would be sold and you would be entitled to get your share of the sales proceeds, but you would still have lost the house.
I would strongly recommend that you consult with a competent tax professional in your area now to determine the extent to which you might be exposed to the effects of his back taxes.
My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dana@nytaxcounsel or visit my website at www.nytaxcounsel.comAsk a similar question
Not unless you live in a community property state.
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