Ray,
I just want to share my opinion here, am not one of those who run the site.
You need to check how your spouse is filing taxes because if he files as a Married filing jointly, he needs your signature on the return as well, for it to be processed.
If he files married filing separately, he will need to give your SS number and you would also need to file a return.
One way or another, and if he does things clean without forging your signature, you should know what he did.
Have you tried discussing the 2004 tax filing issue with him? What did he say?
Greetings. My advice is for you to speak with a CPA concerning this issue. In our office, we have a CPA on staff that can answer these questions during our initial financial analysis.
I believe that he can file his taxes married filing separately, but the refund may be a marital, separate, or mixed asset. Once again though, check with your CPA. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Have been seperated for 6 months now and my question is, can my spouse go ahead and file 2004 tax returns without me and receive an refund. I do not work and have only received alimony and he has been paying the mortgage payments. I have been the dependent spouse for nearly 12 years. He has been paying the mortgage payments and alimony due to audltery. The tax return issue has not come up prior but I have been told that he can file and keep the refund all to himself. Os this true?