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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116707
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Husband did not pay personal income tax and business tax.

Customer Question

Husband did not pay personal income tax and business tax. IRS attached paycheck. Attachment was removed from paycheck(he is paying $300. per month.) IRS put lien on house aprox.$36,000. Husband and wife separate. Wife returns and files joint income taxes for first time in 10 years, promising to help husband to pay back delinquent taxes. Unknown to wife husband does not pay mortgage payments for a year and house goes into foreclosure. Husband never tells wife he is not making mortgage payments. Wife files for divorce. Husbands IRS tax debt and due mortgage payments cannot be covered by sale of house. Question: How can wife avoid responsibility of husbands IRS tax debt/lien on house, and mortgage payments he promised to pay?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The problem is that once the wife filed the taxes and promised to pay the back taxes, the spouse cannot claim innocent spouse to avoid shared liability for the taxes with the IRS. Thus, the wife has to seek an order from the court to make the husband either liable for the payment or the court can actually award the wife more in the divorce property settlement to compensate for this as well.

However, actually avoiding debt with the IRS now that the wife files the tax return, she will not avoid the debt, but there can be compensation to her through the marital property settlement and distribution.