Getting Married (2 Men) - Back Taxes Question

Question

My partner and I are thinking about getting married. We've been together for 6 years. We live in CA, so under the current law as it stands, we can legally marry.

Problem: He owes a lot of money for back taxes. He is set up on a payment plan. If we got married, would I be liable for his back taxes? If these taxes were incurred while he was single...Would I be held responsible to pay the money he owes if he missed or stopped paying these back taxes?

Please...no anti g*y marriage, or hate slurs....just looking for an honest answer to my question.

Thanks

Answer 1

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Answer 2

If you owe state taxes, after marriage you would start to accumulate community property (under state law) that could be attached for your partner's state but not federal tax.  If the anti g*y marriage initiative on the November ballot passes, this will become a non-issue.  Why not hold off the ceremony until the votes come in?

Answer 3

Marriage doesn't make the other person liable for back taxes for their spouse.

And if you are talking about federal taxes, the feds don't recognize same s*x marriage anyway, so for federal filing you are both still considered single.  

Answer 4

Who are the taxes owed to?  The IRS?  Then don't worry about it--the IRS can't recognize the marriage due to DOMA.

If he owes California, then you have a problem.  California state law allows creditors to seek money from BOTH spouses, this includes premarital debt.

Answer 5

If they are federal taxes, no, because the IRS does not recognize same-s*x marriages.  If they are California taxes, it is the same as if one of you was a woman.