If you are married and file taxes jointly can your return be taken if the other spouse is in arrears?

I have recently gotten married and my husband is in arrears from a previous relationship we filed jointly because we were told our refund would be bigger can the IRS come in a take the whole refund even though I don't owe this money?If you are married and file taxes jointly can your return be taken if the other spouse is in arrears?
Yes they can. Since you have already filed, this will be a bit complicated. You need to file an Injured Spouse Allocation (IRS Form 8379). If the IRS accepts that position they will refund any of the refund that came from your earnings. The following link will take you to that form. You may wish however to have this done by a tax professional.





http://www.irs.gov/pub/irs-pdf/f8379.pdfIf you are married and file taxes jointly can your return be taken if the other spouse is in arrears?
yup, they got you. you did marry for better or for worse, remember. you get his debts
Yes, this happens all the time.





Good luck.
In usual cases, married filing jointly is considered as one.


ie, you dont get to separate from your husband and yours.





Next time you should go for Married filing separately.