My husband owes money to school loans and they take his taxes return every year, if we filed together will they take mine as well?

[azngurl_carly]

Would it be better to file together or separate?

[SweetieJean]

Did you ever file these back taxes?
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[azngurl_carly]

My husband haven't filed for taxes for 3 years now

[SweetieJean]

So did you file Married Separately yourself those years? Which state do you live in?

[azngurl_carly]

We've only been married for 1 year and last year we filed separately but I recently gave birth to our daughter and was wondering if it'd be better to file jointly or separately?

[SweetieJean]

Follow the instructions in the answer below. If you live in a Community Property State, though, it may be of limited use.

[DoninGA · Accepted solution]

File as Married Filing Jointly and include an Injured Spouse Form 8379 with your tax return.

See this TurboTax support FAQ on filing a Form 8379 - https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation