Pulling Credit

[CrashingGirl]

What is the name of your state (only U.S. law)? California

My spouse and I have been seperated since Dec. last year. Working on the divorce. I've served him with papers and Dec. Desclosures with all my financials/statements. However he isn't sending me any info and there are debt and other info I don't have access to. However it would be on his credit report. The IRS said since we are married he's allowed to file my taxes for me and put the refund in any account he wants, which he did. If he can use my social like that can I pull a credit report on him online legally since we are still married. It would hold the answers I need to finish a final dec and pre trial statement. Without that info I'm in the weeds. I don't want to bend the law or make myself look bad in any way shape or form. I want the judge happy with me when I get to court.

 

[LdiJ]

What is the name of your state (only U.S. law)? California

My spouse and I have been seperated since Dec. last year. Working on the divorce. I've served him with papers and Dec. Desclosures with all my financials/statements. However he isn't sending me any info and there are debt and other info I don't have access to. However it would be on his credit report. The IRS said since we are married he's allowed to file my taxes for me and put the refund in any account he wants, which he did. If he can use my social like that can I pull a credit report on him online legally since we are still married. It would hold the answers I need to finish a final dec and pre trial statement. Without that info I'm in the weeds. I don't want to bend the law or make myself look bad in any way shape or form. I want the judge happy with me when I get to court.

The bolded portion is completely and totally untrue...and I find it quite difficult to believe that any IRS agent would have told you that. He cannot file a joint return with you without your express permission. That means either your signature on a joint return, your signature on an 8879 if he used a professional tax preparer or your agreement with a pin number on an independent electronic filing.

 

[mistoffolees]

What is the name of your state (only U.S. law)? California

My spouse and I have been seperated since Dec. last year. Working on the divorce. I've served him with papers and Dec. Desclosures with all my financials/statements. However he isn't sending me any info and there are debt and other info I don't have access to. However it would be on his credit report. The IRS said since we are married he's allowed to file my taxes for me and put the refund in any account he wants, which he did. If he can use my social like that can I pull a credit report on him online legally since we are still married. It would hold the answers I need to finish a final dec and pre trial statement. Without that info I'm in the weeds. I don't want to bend the law or make myself look bad in any way shape or form. I want the judge happy with me when I get to court.

He can not file taxes for you.

You should go ahead and file as married, filing singly if you wish. Or, you could get a court order for half of the refund and file jointly since the refund will likely be greater if you file jointly.

 

[CrashingGirl]

that's what I thought. I called their fraud department and got blown off. I guess I just need to pursue or put it in the divorce. He took the stimulous check as well. I never signed anything or gave a pin for the electronic signature. Crazy world out there. However you don't know if I can go online to Experian and pull his credit report legally? Probably not I'm guessing. Gees that would have all the answers on lines of credit and the sell of our house. Those two were not in my name so I can't find out where the $80K went when we sold the house and it wasn't itemized on the '07 returns as capital gains. Hmmm. It's disapeared.

 

[mistoffolees]

that's what I thought. I called their fraud department and got blown off. I guess I just need to pursue or put it in the divorce. He took the stimulous check as well. I never signed anything or gave a pin for the electronic signature. Crazy world out there. However you don't know if I can go online to Experian and pull his credit report legally? Probably not I'm guessing. Gees that would have all the answers on lines of credit and the sell of our house. Those two were not in my name so I can't find out where the $80K went when we sold the house and it wasn't itemized on the '07 returns as capital gains. Hmmm. It's disapeared.

It has temporarily disappeared, at least.

When you get in front of a judge, explain what you've explained here. Ask for the judge to order full disclosure, including, but not limited to, the items you've cited here. Ask the judge to order him to give you half of the refund and stimulus payment.

The home wouldn't be itemized as capital gains, I don't think, unless the gains exceed the $500 K (for married couples) limit. You can still ask the judge to order him to give an accounting of the sale.

Those things are about as close to a slam dunk as you're likely to get.

 

[LdiJ]

that's what I thought. I called their fraud department and got blown off. I guess I just need to pursue or put it in the divorce. He took the stimulous check as well. I never signed anything or gave a pin for the electronic signature. Crazy world out there. However you don't know if I can go online to Experian and pull his credit report legally? Probably not I'm guessing. Gees that would have all the answers on lines of credit and the sell of our house. Those two were not in my name so I can't find out where the $80K went when we sold the house and it wasn't itemized on the '07 returns as capital gains. Hmmm. It's disapeared.

You got blown off by their fraud department because, quite frankly, they have bigger fish to fry and not enough time to handle all of them.

However, if you file a married filing separate return, now, you would get whatever refund you would get filing that way, then eventually he would end up paying back whatever excess refund he received, plus interest and penalties. The only problem with doing it that way, is that sometimes you can run afoul of the divorce judge. Therefore its probably best to handle it within the divorce.