QUESTION

What can I do if I don't want to file joint taxes with my ex husband?

Asked on Dec 10th, 2013 on Taxation - California
More details to this question:
Hello, I just went through a divorce with a really dishonest person. He has his own business and I found out the night before he left that he had secret bank accounts and was doing all kinds of shady stuff and of course lying to me. In the divorce, he hid assets and money and pretty much won because I didn't have enough money to keep paying my attorney to fight him. When it was tax time (during our divorce), I told him and my attorney that under no circumstances would I sign a tax return with him (since he cannot be trusted). I spoke to my tax preparer and he said that I didn't have to file with him even though we were married that year. I thought everything was fine and that my ex filled "married filling separately" (this was for 2012 taxes). He just told me today on the phone that he needs my signature on the 2012 tax return and that he had filed jointly (without my consent). He said that "he didn't know" that he needed my signature and pretended like I didn't tell him no on filing jointly. He said now the federal government won't accept any more of his payments until I sign. How could he have filed jointly without my consent and signature and what are my options? Thank you in advance.
Report Abuse

2 ANSWERS

Business Law Attorney serving Portland, OR
2 Awards
Your husband is either not telling you the truth or he forged your signature to a tax return. Only you can elect to file jointly. You make this election by signing the return. It is that simple.
Answered on Dec 13th, 2013 at 8:51 PM

Report Abuse
Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
Update Your Profile
It does not matter that he claims to have filed joint. DO NOT sign anything he gives you. File separate. If, 2-3 years down the line, you decide to switch to joint because it will save you money, you can always switch to joint. But you can never switch out of joint to separate.
Answered on Dec 12th, 2013 at 5:55 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters