A: No. If your spouse incurred tax debt from a previous income tax filing before you were married, you are not liable. Your spouse cannot receive money back from the IRS until they pay the agency what they owe. If your spouse owes back taxes when you tie the knot, file separately until they repay the debt.

Can the IRS take money from my spouse bank account?

In general, the IRS can levy a joint bank account if one account holder has delinquent tax debt and all other required procedures have been followed. This is true whether the joint account holder is your spouse, relative, or anyone else. It doesn’t matter whose funds were placed into the account.

What happens if you marry someone who owes the IRS?

If you marry someone with a tax debt, you are not responsible legally to help repay those debts. That debt belongs solely to your spouse. Unfortunately, if your spouse owes back taxes, the IRS or state tax department can garnish their wages without first obtaining a court order.

Can a debt be in only one name after marriage?

This sharing equally is whether you’re both liable for a debt that’s in only one of your names after marriage depends largely on where you live. If you live in a community property state, most debts incurred after marriage may be treated as belonging to both spouses.

Who is responsible for a spouse’s debt after marriage?

In common law states, debt taken on after marriage is usually treated as being separate and belonging only to the spouse that incurred them. The exception is those debts that are in the spouse’s name only, but benefit both partners.

What happens if I marry someone who owes back taxes?

The IRS cannot freeze your assets. Of course, after you get married, you should not file joint tax returns. Although you may not be responsible for “back taxes” please keep in mind that the various taxing authorities will attempt to attach any of his/her wages, bank accounts or assets, which could make your life difficult.

What to do if your spouse owes the IRS?

You can file IRS Form 8379, an Injured Spouse Allocation, with your joint 1040 tax return. This alerts the IRS that you’re not legally liable for your spouse’s separate tax debt and that you have a right to a portion of the refund.