Arizona  |  Family Law

Legal Question

Asked on: 6/28/13, 12:20 am

In the state of Arizona, if I marry someone does their debt become mine, for example delinquent tax debt?

1 Answer


Answered on: 6/28/13, 8:14 am by Monica Donaldson Stewart

Generally speaking, debts incurred prior to marriage are presumed to be sole and separate debts and debts incurred during marriage are presumed to be community debts. With taxes, even if the delinquency is his separate/premarital debt, that would not stop the IRS from (for example) keeping a refund that would otherwise be due on your joint tax return. You should speak with a tax professional who can advise you both on how best to file your tax returns during marriage to minimize the possibility of the IRS keeping what would otherwise be a joint refund.


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