Legal Question in Family Law in California
Community Property
In the process of divorce, the income tax return joint property? I filed our return married filing joint, the money was deposited into my own account, I took husbands 1/2 usiong a cashiers check. My husband now says IRS is going to come after me, the money is not mine. Can charges be brought because I kept 1/2 of the joint return?
2 Answers from Attorneys
Re: Community Property
In my experience, which is some what limited, the IRS is not interested in getting involved in a divorce. All the IRS wants is for the parties to agree that the refund was properly divided. You stated that you paid him with a bank check. Get a copy of the front and back of this check. This will show where the check was deposited and will prove that he received his share.
Re: Community Property
The tax return n the last year you are marres on 12/31 may be jont. the refund goes on your fnal discosure and is diiviided. you may deciide you get iit qnd he gets some other asset. Each iitem doesn't have to be diiviided. It sounds as if you may have siigned hiis name to the check or deposiited without hiis siigniiture. thiis was wrong but wiill probably not matter to the IRS.
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