Would filing tax return jointly benefit me?

Asked over 1 year ago - Temecula, CA

Our divorce hasn't been finalized yet. He left the house in early June. I still live in it until now and he has been paying for the mortgage (it's his house), and utilities. I'm a full time student without income.
Would filing the tax return jointly benefit me? Him? Or both of us?

Attorney answers (4)

  1. Phillip Monroe Smith

    Contributor Level 18


    Lawyers agree

    Answered . This is a question that you should ask your tax preparer because you can provide you preparer with all the documentation needed to prepare the return two ways = married filing joint and married filing separate.

    Good luck!
    Phillip M. Smith Jr.
    Los Angeles Tax & Business Attorney
    Licensed in the United States Tax Court
    Main: 323-292-4116 ❘ Cell: 562-505-1004

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more
  2. Ronald J Cappuccio


    Contributor Level 16


    Lawyers agree

    Answered . Most likely, filing jointly will save taxes for him. It also may expose you to liability if there is a balance due. i suggest you both go to the same tax preparer and have the taxes prepared jointly and as married filing separately to determine which is better. Also, consult your divorce lawyer before filing.

    Good luck!

    Ron Cappuccio

    If you do not like this answer or disagree, please look at one of the other answers provided. It is not necessary... more
  3. Brad Jefferson Landon

    Contributor Level 8


    Lawyer agrees

    Answered . I agree with each of the other attorneys. The only thing I would add is that when meeting with a tax preparer make sure that person is neutral and not advocating for either side. Also, you should recognize that any allocation between the two of you for the responsibility for the payment of taxes on a joint income tax return is not binding on the IRS or the Franchise Tax Board (unless a tax clearance certificate under Revenue and Taxation Code section 19006 has previously been issued). So if he fails to pay the taxes for which he is responsible, the law may give the taxing authority power to collect these taxes from you.

    Brad Jefferson Landon, Esq. is licensed to practice law in the State of California. Please note that this article... more
  4. Brian Joseph Munson

    Contributor Level 13


    Lawyers agree

    Answered . It is really impossible to answer this question without having all the numbers, but most likely joint filing would be better as separate is typically the worst option. The other attorneys are right that you should run the numbers both ways before making a determination.

    This answer does not establish an attorney-client relationship, Moreover, this attorney is Licensed to practiced... more

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