jss001
New
Reged: 05/12/08
Posts: 15
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Divorce is in process. Is a 2007 income tax bill ($3250/Fed and $600/State) considered marital debt in California? Filed married separate last year.
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Samsung
Platinum
Reged: 06/14/07
Posts: 2024
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Were you legally separted last year?
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KGrow
Platinum
Reged: 01/27/06
Posts: 3112
Loc: Colorado
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Certainly up until the point you filed for divorce, all of your debt was marital debt. When did you file?
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jss001
New
Reged: 05/12/08
Posts: 15
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Never legally separated. Long story, STBX filed for divorce in November 2006, but we reconciled. She moved out in Ocotber 2007 for good. Am told that October 2007 is our "date of separation" for divorce purposes.
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Jada
Platinum
Reged: 06/02/07
Posts: 3240
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[quote]Never legally separated. Long story, STBX filed for divorce in November 2006, but we reconciled. She moved out in Ocotber 2007 for good. Am told that October 2007 is our "date of separation" for divorce purposes. [/quote]
The tax bill is a marital debt (or at least a portion of it). The IRS doesn't care if the separation date was 10/07. All they care about is your marital status as of 12/31/07. And that was married.
And even for divorce purposes, some of the tax bill for 2007 is going to be considered joint as you were living together for most of 2007.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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The taxes are considered marital debt for community property division BUT the IRS will require repayment from whoever owes them .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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germangirl631
Platinum
Reged: 04/04/08
Posts: 876
Loc: NJ
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Yes. And if they were a joint debt, and you file separately next year (2008) and are due a refund, your individual refund will be applied to your 2007 outstanding joint debt. I just had this happen to me, damn it!
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