I've filed taxes - my domestic partner and I own a house together. She has filed a Protective Order to delay the process of a short sale. Do I have to share the tax refund? I was told that it's a private agreement.
Thanks for any assistance...Also want to note that it's a same-sex relationship...thanks again!
My colleague from WA, Mr. Larson, is correct. Under the tax code - federal law - same-sex marriage is not recognized and you, as you apparently have, must file separate returns. The legal status of your tax refund is therefore, as it appears.
However, as also pointed out by my colleague, if you have some separate agreement with your partner under state law regarding which of you will claim the property for federal tax purposes and how any credit, deductions, etc. will be allocated, the status and enforceability of that agreement will turn on questions of state (AZ) law.
In any event, in order to provide you with further useful information it would necessary to discuss the situation in detail and gather additional facts in order to give you more definitive advice/information. You should probably discuss this with and retain an attorney to assist you in order to avoid much larger problems in the future.
While I realize many people prefer to handle matters themselves, for this one, a qualified, local attorney with experience in handling domestic partner cases (I have experience with these type of cases) for a consultation so that the attorney can gather all the necesasry facts and provide you with useful information to handle the matter yourself, or to assist you with the situation.
Also, please remember, this is a public forum and anything posted here is not privileged or confidential, so do not post more specific information here. Contact a local attorney for a confidential and privileged consultation.
I invite you to use the links available on this page to locate my avvo.com profile and CONTACT ME AT MY OFFICE for a personal consultation, because the information provided in the above answer is not legal advice, nor is it intended to be legal advice. It is general information that is incomplete and may not specifically apply to your particular circumstances, so you should not act upon it until discussing your situation with an Arizona attorney. Every case is unique. Most legal principles have important exceptions that may apply in your case. You should actually talk to an Arizona lawyer regarding your situation before taking any action or declining to take action. As mentioned above, I invite you to contact my office, but please note that contacting my office in any way, submitting your question on this site, my general response above, and any further communication whether electronically, by letter, or by telephone, does not create an attorney/client relationship. You will know when my office represents you because you will have received a signed representation agreement. Please do not send or communicate any confidential information until you receive a signed representation agreement with an attorney.
I am not sure what your question is. Under the Federal Tax laws, you are not married or anything of that nature. So you cannot claim ownership through joint filing. So this will boil down to a state law issue and what rights a domestic partner has in the other's property. So in essence, this is a question of AZ family law.
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