Wife liable for former husband's revenue debt?

[Bolt]

My husband unexpectedly walked out on me and our children nearly a year ago.

Since then it has materialised that he has a debt to revenue of nearly 100k of unpaid taxes. He is self employed. I don't think he has paid taxes for over 5 years.

We got married the same month that I handed in my notice in work while I was on Maternity Leave. (The childcare fees for the children wiped out my weekly wage so we decided I would stay at home and look after the children and he would provide for the family). We have never been taxed as a married couple. I was always taxed as single person.

The family home is in my name as I purchased the house myself quite early in our relationship years ago. My brother's name is also on the house.

We are the very beginning of negotiating a Separation Agreement so technically we are still married.

Would I be liable at all for my former husband's tax debts? Could revenue implicate me and could I end up having to pay part of his debt?

Also, can they come after my home to pay for his debt? Could they push that if I ever was to sell the house that part of the proceeds have to go towards his tax debt?

My former husband's name was never on the house.

Any advice would be appreciated.

 

[ajapale]

We are the very beginning of negotiating a Separation

Make sure that you engage the relevant, independant, experienced professionals (solicitors, tax accountants etc).

 

[Brendan Burgess]

Hi Bolt

Agree with AJ, but here is my understanding of the situation.

You are not liable for your husband's tax liabilities.

As the house is in your name, and you are not liable, the Revenue can't come after your house.

Your solicitor will have to advise you on whether your husband has a claim to the family home as part of the separation agreement. The court could take the view that family assets and liabilities should be split. I would be very surprised if he claimed this and if the court would support any such claim. Anyway, you only own half the home, so he could really only claim half of your half, in the unlikely event, that he had a claim.

I am surprised that you were not jointly assessed when he had an income and had none. I don't know if it's possible to review this now and thus reduce his tax liability.

Brendan