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Joint Tax Filing Question

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savec0re

Junior Member
What is the name of your state (only U.S. law)? Kentucky

My ex-wife and I are currently awaiting the selling of our condominium (she and I are both on the deed). In the meantime our divorce decree states that "both parties acknowledge that they will file joint federal and state tax returns for 2008 and equally divide any refund or pay any deficiency or additional taxes due". My ex-wife has received her W-2 and is delaying our joint tax filing process. A quote from an e-mail I received from her states: "I'm not ready to file yet, I want to purchase a home before July 2009 and take advantage of the 1st time home buyers credit so I need to wait to file". Basically she believes she can purchase a home to take advantage of the new 1st time home buyer tax credit (even though we purchased a home together in 2006) and by doing so is preventing me from filing my taxes. She has also tried to convince me to file separately so she doesn't have to claim our marital real estate on her taxes (we were married December 31, 2008). Could this situation be considered contempt of court and if so, what are my options?
 


Ohiogal

Queen Bee
You are ordered to file together -- it can be contempt of court and you file a motion to show cause.
 

LdiJ

Senior Member
You are ordered to file together -- it can be contempt of court and you file a motion to show cause.
Yes, it can be, but honestly, this is one of those things that state court judges can order or sign off on, but at least with the IRS, its not legally enforceable.

You also absolutely do NOT want to file a joint return with her that includes a first time homebuyer's credit, since she absolutely does not qualify for that.

If you were one of my tax clients I would be recommending that you DO file separately. You may or may not end up paying a little more tax, particularly if you are the one that will be claiming the mortgage interest and property taxes on the condo, but it the end, you will be a heck of a lot safer.

As a tax professional, I am very anti divorce decrees that require parties to file a joint return together and split the refund. Unless the parties are both cheerfully willing to do that and can trust each other, it almost always ends up being problematic. Don't get me wrong, its perfectly ok to do and makes sense if it would make a drastic difference in their tax situation...and again if everybody is trustworthy, but I have seen too many tax horror stories to ever be comfortable with it being required.

In your case...it would be a BAD idea.
 

mistoffolees

Senior Member
You are ordered to file together -- it can be contempt of court and you file a motion to show cause.
He might be jumping the gun. His ex says she's not "ready to file YET". She has until April 15 before she is in contempt.

His desire to buy a house in June is irrelevant since the decree simply says she has to file jointly - not when she has to do so.
 

LdiJ

Senior Member
He might be jumping the gun. His ex says she's not "ready to file YET". She has until April 15 before she is in contempt.

His desire to buy a house in June is irrelevant since the decree simply says she has to file jointly - not when she has to do so.
That's a very valid point...it could even be stretched to October 15th with an extension.
 

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