If my husband owes back taxes and we are getting a divorce, will I be responsible for his back taxes?

I don’t work.

Asked on February 5, 2016 under Family Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on what taxes. If you are talking about income tax and the two of you filed jointly, then yes, you would be liable for them, even if he was the only breadwinner at the time--filing jointly makes you responsible. You'd also be liable for back property taxes on jointly owned property. On the other hand, if he had a small business of which you were not an owner and he failed to pay sales taxes, he would not be liable. So it depends on the taxes and the circumstances. A good idea would be to check your liability with a CPA, who can evaluate the precise facts.

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