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My 2nd wife has a student loan of about $50.000.00, the

My 2nd wife has...

My 2nd wife has a student loan of about $50.000.00, the student loan is tied into her daughter's school. I file separate, because I do not want to get stuck with their student loan of 50.000.00. Question: If we the wife and I decide to file together, what is the change of getting stuck with their loan? Is there a clause somewhere in the tax code I can file under to not be require to pay their student loan.

Accountant's Assistant: The Accountant will know how to help. Is there anything else important you think the Accountant should know?

I have been married 7 year, filing separate, to avoid that situation. This year we are consider filing together... but, unsure. Hence the question.

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Answered in 1 minute by:
3/15/2018
Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 17,612
Experience: 15years with H & R Block. Divisional leader, Instructor
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Hello, I'm Robin. Welcome to JustAnswer. I'm reviewing your question now and typing up my reply. I'll post that in just a few moments.

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You may be an injured spouse if you file a joint tax return and all or part of your portion of a refund was, or is expected to be, applied to your spouse’s legally enforceable past due financial obligations.

The form 8379 is filed with the return to protect your portion of the refund.

Please let me know if you need more information.
If not then please scroll up to see the STARS to rate so I am credited.

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Customer reply replied 1 month ago
Thank you so much, that was worth my time. If anymore question come to mind, I will let you know.

You are most welcome.
A positive 5 star rating is appreciated so I am credited for assisting.

Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 17,612
Experience: 15years with H & R Block. Divisional leader, Instructor
Verified
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