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Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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Good afternoon, My husband and have been separated for

Resolved Question:

Good afternoon,
My husband and have been separated for 7 years. He moved out of our home at that time. 2002 was the last year we filed taxes together. Since 2003 I filed as head of household. He has not filed HIS taxes since we last filed together in 2002...He also has not contributed to the household financially since moving out. I have started divorce proceedings. He has no interest in the house and says he will let me keep the house. Unfortunately the house isn't worth what I still owe on the mortgage. I would like to sell and move on. My question to you is..will I ultimately be responsible for his taxes?.....who could I see.. or how do I go about getting his taxes done...I do have access to his income statements from 2003 thru 2009...I have recently received correspondence from the IRS in his name. They are looking for money and returns from 2004 and 2005...they garnished my savings in a joint account we had for 2003 taxes...that has since been closed. Thankyou...Lynda
Submitted: 6 years ago.
Category: Tax
Expert:  Merlo replied 6 years ago.

Hello Lynda,


If the last year that you filed taxes with your husband was 2002, then that is the last year that the IRS can hold you responsible for any taxes that your husband may owe. Since you have been filing your own separate return since that time, the IRS cannot and will not hold you responsible for any taxes other than your own, at least starting with the 2003 tax year.


If your husband does owe taxes for years 2003 and beyond, the IRS could place a lien or a levy on any joint property that you own or any joint bank account which you have, because his name and SS number would still be tied to those assets. So you should be sure to get your money out of any joint bank accounts which you may still have, and if his name is XXXXX XXXXX the home, be sure to have this signed over to you in your divorce settlement, or even sooner if possible. While the IRS cannot come after you personally for his tax debts from 2003 and later, they can still attach a lien or levy to any property your jointly own, so you will want to move that property out of his name as quickly as possible.


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Thank you Lynda



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