How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37952
Experience:  Retired (mostly)
10097515
Type Your Family Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Can a California divorcing spouse and/or the community be

This answer was rated:

Can a California divorcing spouse and/or the "community" be reimbursed for income tax that paid for "separate" investment income by the "community"?
Please advise answer and reference for answer or direct suggestion how to find answer. Need ASAP

The trial court may order reimbursement to the community when a party unilaterally uses community property to pay his or her separate obligations. See, e.g., Marriage of Frick (1986) 181 CA3d 997, 1014 (preseparation); Marriage of Epstein (1979) 24 C3d 76, 89 (postseparation).

 

However, the catch here is that if the parties filed a joint tax return during the period where the particular taxes were paid, then because the return is signed under penalty of perjury, it could be used as evidence of a joint agreement to pay the taxes, which may invalidate the argument that the community was unilaterally used to pay a separate obligation.

 

Hope this helps.

 

Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

socrateaser and other Family Law Specialists are ready to help you