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    sdreece's Avatar
    sdreece Posts: 1, Reputation: 1
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    #1

    Apr 23, 2010, 05:15 AM
    Is common law partener resposible for tax dept of partner when dead
    Common law partner died and has a tax debt. Who is responsible for this?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Apr 23, 2010, 05:47 AM

    . All the rights and obligations of common law married people are identical to those who are traditionally married. Any debt incurred by one member must be settled by the surviving member.

    Tick
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #3

    Apr 23, 2010, 08:09 AM
    Quote Originally Posted by tickle View Post
    . Any debt incurred by one member must be settled by the surviving member.
    Not sure this is correct - a widow is not responsible for her deceased husband's debts, unless she signed on to them. The deceased husband's estate is responsible for his debts, not the spouse. So why would it be different for common law marriage?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Apr 23, 2010, 12:11 PM
    I agree with ebaines! The laws of the state in question will dictate the responsibility of the common law partner for the other partner's debts.

    As it is addressed on taxes, that is actually pretty simple to resolve.

    If the partners filed a JOINT return that resulted in a tax debt, then the surviving partner IS liable for the debt.

    If the deceased partner filed a separate tax return, ONLY the partner's estate is liable; the surviving partner has NO debt liability for the tax debt.
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