QUESTION

If my soon to be ex-spouse filed joint income tax return with out my consent, what can I do?

Asked on Jun 11th, 2013 on Divorce - Texas
More details to this question:
My husband and I separated last year. I had a feeling he was going to try to file a joint return, even though I clearly told him I would not sign or consent to a joint return. Even though I had no income to report, I decided to file a tax return under married filing separately, to protect myself, just in case. I have just received a letter from the IRS stating I filed two tax returns for 2012, one married filing separately and one married filing jointly! They are asking if I did submit more than one return for 2012, my filing status, if one was intended for a different year (it wasn't) and there is a space for other reasons for filing two income tax returns. How do I respond to this? And what can I do about my soon to be ex-spouse filing a joint return with out my consent?
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4 ANSWERS

Tell the IRS the truth.
Answered on Jun 11th, 2013 at 8:17 PM

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Family Law Attorney serving Leavenworth, KS at Clothier Law
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More information is needed to give you an appropriate response. You should retain a local family law attorney to assist you with your case.
Answered on Jun 11th, 2013 at 5:32 PM

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Contact the IRS and explain the situation. I suggest you hire a lawyer.
Answered on Jun 11th, 2013 at 5:31 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You need to speak with an attorney and or accountant. If you had no income it would be financially very unwise to file married separately as it will increase the taxes, and diminish the marital estate. That is clearly not in your interest, you should counsel with an attorney and get going, it will not get any easier.
Answered on Jun 11th, 2013 at 5:31 PM

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