Joint or separate tax returns?

[organicscifi]

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

I am wondering if a family house is the separate property of the husband before he married (house was all paid off, no mortage payments after 2nd marriage)....should the husband and 2nd wife be filing separate tax returns?

The property tax is paid by a separate property-trust bank account of the husband's with separate funds.

There is an existing prenuptial agreement.

Will filing a joint return unwittingly cause the IRS to think the wife paid property taxes toward the separate property, although she did not?

What would be potential tax consequences were this to continue until the husband died?

I am adult child (will be executor of trust when Dad-the husband passes away) and want to avoid any mess that would be created by improper things done by Father unwittingly not knowing tax consequences.

 

[LdiJ]

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

I am wondering if a family house is the separate property of the husband before he married (house was all paid off, no mortage payments after 2nd marriage)....should the husband and 2nd wife be filing separate tax returns?

The property tax is paid by a separate property-trust bank account of the husband's with separate funds.

There is an existing prenuptial agreement.

Will filing a joint return unwittingly cause the IRS to think the wife paid property taxes toward the separate property, although she did not?

What would be potential tax consequences were this to continue until the husband died?

I am adult child (will be executor of trust when Dad-the husband passes away) and want to avoid any mess that would be created by improper things done by Father unwittingly not knowing tax consequences.

It would likely be foolish for your father NOT to file a joint return with his wife. The two of them would likely pay much more in tax than they need to pay.

Filing a joint return will not confer anything on the wife nor cause separate property to become joint property.