Can the IRS take my spouse's money?
Asked by: Wade Hagenes | Last update: October 3, 2025Score: 5/5 (10 votes)
Am I liable for my spouse's IRS debt?
When you file a California joint tax return, both taxpayers are responsible for paying any taxes, penalties, and interest. In some cases, a spouse or registered domestic partner (RDP) may get relief from paying all or part of what is owed.
Can the IRS come after my wife for my debt?
If the debt is from joint returns you filed together when married, the IRS can collect from either spouse even after the divorce. The IRS can collect from whomever has money, they don't have to collect 50/50 or honor your divorce agreement.
Will the IRS take my refund if my husband owes me money?
If you file jointly and your spouse has a debt (this can be a federal, state income tax, child support, or spousal support debt) the IRS can apply your refund to one of these debts, which is known as an “offset.” The agency can also take a collection action against you for the tax debt you and your spouse owe, such as ...
Can the IRS take money from my spouse's bank account?
In general, the IRS can levy a joint bank account if one account holder has delinquent tax debt and all other required procedures have been followed. This is true whether the joint account holder is your spouse, relative, or anyone else.
What if Your Spouse owes taxes to the IRS?
Is it illegal to take money out of my husband's bank account?
In most circumstances, either person on a joint checking account can withdraw money from and close the account. Ask your bank or check the account agreement to see if this is the case for your account. State law may also provide you some protection in this situation.
Can the IRS garnish my wages if my husband owes taxes?
If your spouse owes back taxes, the IRS may garnish your wages to collect payment on their liability if you filed a joint tax return. If you filed individually, the IRS would not come after your wages for the balance due.
What is the IRS innocent spouse rule?
Innocent spouse relief can relieve you from paying additional taxes if your spouse understated taxes due on your joint tax return and you didn't know about the errors. Innocent spouse relief is only for taxes due on your spouse's income from employment or self-employment.
Am I liable if my husband owes money?
Debts either spouse incurred during marriage
Property acquired during marriage is liable for the debts of either spouse. So, a creditor whose claim arose during the marriage can collect your spouse's unpaid credit card debt from both halves of the community property, including your wages.
Can my spouse take my tax refund?
Your spouse can't steal what's already hers/his. If you and s/he filed a joint income tax return, the refund belongs to you both, jointly and severally. What you do is consider all the other ways in which your spouse is mistreating you.
Can the IRS take your house if your spouse owes back taxes?
If the constant thought, “if my husband owes taxes, do they come after me?” is running through your mind, it's important to know the power the IRS has over your house and assets. Unfortunately, yes, the IRS can seize your house or assets, even if your spouse is the one who owes money to the IRS.
Can my wife be garnished for my debt?
In California, creditors can usually look to a non-debtor spouse's assets to collect on a judgment. This often includes the wages of the non-debtor spouse. Since wages are generally considered community property, the non-debtor spouse's earnings are typically subject to garnishment.
Should I file separately if my husband owes taxes?
If one spouse has a large tax bill and the other is due a tax refund, filing separately can protect the refund. The IRS typically won't apply it to the other spouse's balance due.
How can I protect myself from my spouse's debt?
The easiest way is to make sure your spouse signs a prenuptial agreement prior to marriage, but you should not try to do this on your own. Prenuptial (premarital) agreements are complex documents. You do not want to foolishly download some form you find on the web.
Does IRS debt transfer to spouse?
Yes. The IRS can apply all or part of your joint refund to your spouse's legally enforceable past-due debt.
Can they come after me for my spouse's debt?
In almost every case, you will not be held responsible for debt your spouse has incurred before your marriage. The only exception to this rule is if you become a joint account holder after marriage.
Will the IRS take my refund if my husband owes?
If you filed a joint return and you're not responsible for debt that is subject to offset because it is owed by your spouse, you're entitled to request your portion of the refund back from the IRS. You may file a claim for this amount by filing Form 8379, Injured Spouse Allocation.
Can I sue my husband for money he owes me?
Generally, money earned during a marriage by either spouse is considered joint, marital property and so in the majority of circumstances, one spouse can't really “owe” the other spouse money that s/he took or used during the marriage.
How can I not be responsible for my spouse's debt?
Most of the time, you are not responsible for paying your spouse's credit card debt. This is true even if you are an authorized user on a credit card. The only instances where you may be obligated to pay is if you are a joint account holder or if you live in a community property state.
Am I liable for my husband's tax debt?
Typically, tax debt is marital debt if it's from taxes owed on income earned during the marriage and if you filed a joint tax return, as both spouses are usually liable for joint return debts. However, if the debt was incurred before the marriage or from separate income, it's generally considered separate debt.
Who qualifies for the IRS fresh start program?
If you owe $10,000 or more to the IRS, you may qualify for this innovative program. Many individuals and businesses have found it to be a lifeline, helping them resolve tax challenges and work toward financial stability.
What if I owe the IRS money and can't pay?
Payment options
The IRS may be able to provide some relief such as a short-term extension to pay (paid in 120 days or less), an installment agreement, an offer in compromise, or by temporarily delaying collection by reporting your account as currently not collectible until you are able to pay.
Can the IRS take my wife's house?
The general rule for marital homes is that a home owned by a married couple cannot be seized or sold to satisfy the debts of one spouse. As so often occurs in law, however, there are important exceptions. IRS collection actions are one such exception.
How do I avoid IRS garnishment?
Notice of Intent to Levy: Before garnishing wages, the IRS must send a letter called Final Notice of Intent to Levy and Notice of Your Right to a Hearing. This gives you 30 days before the garnishment begins. You can prevent wage garnishment by paying the debt or making other arrangements before the 30-day deadline.
How hard is it to get innocent spouse relief?
Getting innocent spouse relief isn't automatic. The IRS can deny your request, and the process can take as long as six months. IRS Publication 971 has all the details, but here are five important things to remember about qualifying for innocent spouse relief. You must file taxes jointly.