If you have a choice, you will need to compare filing separately vs filing jointly. Which works out better for you, having to share in the payment of his taxes/penalties or filing separately with only your income/deductions.
Neither innocent spouse or injured spouse applies in this situation.
Innocent spouse applies when a couple files a joint return and one spouse makes a mistake (omitting income or not paying taxes) and the other spouse was unaware.
Injured spouse applies when a couple files a joint return and the refund is used to pay a back-debt for one of the spouses that does not apply to the other spouse.
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