Legal Question in Family Law in California

repaid me my money, his IRA not yet divorced,am I liable 4-1/2 taxes

I received an inheratance my Husband took $2500 of my money every year, put it into his IRA until he had it all. I insisted he give it back, he did slowly $5000 a year & I had to pay the penalties and taxes every year. In 2000 he gave the rest to me in a lump sum $17000. Made me agree but not in writing that I would pay penalties and taxes. I was not living with him and bought a house, he signed quit/claim. Am I liable for half the taxes,I have not lived with him for over a year? He made $43000 last year, way more than he ever did with me, saying that he owes $8500 on it. I supported him and kids. I want a divorce but funds are limited.


Asked on 3/07/01, 9:27 pm

1 Answer from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: repaid me my money, his IRA not yet divorced,am I liable 4-1/2 taxes

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, as well

as information about me (education, experience,

et cetera) and my office (location, hours, fees,

policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry. Income, assets,

and debts accumulated during marriage are usually

community property/obligations (in CA). So each

party owns half and owes half. However, inheritances

usually are separate property unless they are

comingled. To prove or disprove comingling you

need to trace and characterize all the

transactions one by one, and figure out who owns

how much and who owes how much. You need the

help of a lawyer or an accountant who understands

community property laws.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 5/17/01, 2:03 pm


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