Does marriage make you responsible for tax debt incurred before the wedding? 4 Answers as of November 17, 2010

My fiance has a significant amount of tax debt that I want no part of. Once we are married if he has not paid it off already, will I be responsible for that debt as well?

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Masson & Fatini, LLP
Masson & Fatini, LLP | Susan Fatini -Masson
No, tax debts incurred prior to marriage remain his separate property. However, you should be very careful, the IRS can levy against property held in joint form (in both your names), including bank accounts, homes, vehicles, etc.
Answer Applies to: California
Replied: 11/17/2010
E. Ray Critchett, Zaino & Humphrey, LPA
E. Ray Critchett, Zaino & Humphrey, LPA | Ray Critchett
Generally, only the tax-payer who owes the tax debt is liable for that debt. Any debt owed prior to marriage should only be assessed against him. However, if you choose to file joint tax return in the future and are owed a refund, the prior tax debt may cause you some problems.

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Answer Applies to: Ohio
Replied: 11/16/2010
David Hoines Law
David Hoines Law | David Hoines
No, you will not be responsible for such taxes.
Answer Applies to: Florida
Replied: 11/12/2010
LT Pepper Law
LT Pepper Law | Luke T. Pepper
If you get married you would not be responsible for the tax debt she incurred before you were married but obviously any financial commitment to pay back the debt would influence you once you are married.
Answer Applies to: Pennsylvania
Replied: 11/11/2010
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