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 jgordosea Your Own Question

jgordosea
jgordosea, Enrolled Agent
Category: Tax
Satisfied Customers: 3013
Experience:  I've prepared all types of taxes since 1987.
3653323
Type Your Tax Question Here...
jgordosea is online now
A new question is answered every 9 seconds

My husband has just now decided to ask me for a divorce, so

Resolved Question:

My husband has just now decided to ask me for a divorce, so normally we do our tax's married filling jointly, but he wants to do them seperately this time. I tried doing my tax's, but it now says I will owe money and not get a refund, like i always do. I have ask him to let me take some of the deductions, like house interest, tax's and such, but he says I am not on the loan, just on the loan title, so he says he is going to get all the deductions and leave me hanging in the wind, filling my tax's and having to owe money this year. what can I do about this?
Submitted: 5 years ago.
Category: Tax
Expert:  jgordosea replied 5 years ago.

Greetings,

 

Unfortunately, there is likely not much to be done that can help for reducing your tax due when married filing separately.

 

As you may know, when one spouse files separately using itemized deductions teh other spouse must also use itemized deductions even when their total of itemized deductoins is less than the standard deduction.

 

He is technically correct that mortgage interest can not be claimed for a person that is not liable for the loan. You may want to check with the mortgage company to confirm that is correct. Most mortgages for jointly owned property are in both names.

 

If you both claim the same payment twice then both returns could be examined. So, you will have to file based on what you can agree to splitting the amounts that were paid from joint accounts. This will apply for taxes, charitable contributions, etc.

 

Although not of any immediate help, you can ask your attorney to consider including your contributions to his loan, that he deducted, when splitting marital property. That is, if he insists it is only his loan then perhaps you have a claim that he should reimburse you for what you paid toward his loan. That idea might even presuade him to let you split some of the other deductions. Or, he takes the interest and you take the taxes and charity (for example).

 

I hope this helps to know interest on a loan is only deductible by the liable person; even though it is likely not what you wanted to hear.

 

Best wishes.

 

 

Customer: replied 5 years ago.
Our loan was sold to a different lender and he will not tell me who it is, so I can ask them if my name is XXXXX XXXXX loan, is it possible that the loan is only in his name but my name is XXXXX XXXXX title? this does not sound right, why would a company put my name on the title with his, but my name is XXXXX XXXXX the Loan?
Customer: replied 5 years ago.
Did you get my last email question?
Expert:  jgordosea replied 5 years ago.

Hello again,

 

Yes, it is possible for a refinance to be only in one name; but as I said it is not the usual manner in which it is done.

 

For you to be on the loan you would have had to sign the loan application or other documents. If you did not sign anything then you would not be on the loan.

 

I hope this helps; but whether or not you are on the loan you and he will have to split the amounts or risk having both returns examined for not matching the total that is reported the IRS.

 

jgordosea, Enrolled Agent
Category: Tax
Satisfied Customers: 3013
Experience: I've prepared all types of taxes since 1987.
jgordosea and 7 other Tax Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
< Last | Next >
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
  • I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight. Bonnie Chesnee, SC
  • Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation. John Minneapolis, MN
  • Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. Orville Hesperia, California
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
 
 
 

Meet The Experts:

 
 
 
  • Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/KU/KUMI95/2013-9-30_195031_kumar.64x64.jpg Wallstreet Esq.'s Avatar

    Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
  • http://ww2.justanswer.com/uploads/CU/Cuttinggirl/2011-10-29_03719_wcrop2.64x64.jpg Wendy Reed's Avatar

    Wendy Reed

    Enrolled Agent

    Satisfied Customers:

    3052
    15+ years tax preparation and tax advice.
  • http://ww2.justanswer.com/uploads/CATax/2009-08-04_204548_Mark.jpg Mark D's Avatar

    Mark D

    Enrolled Agent

    Satisfied Customers:

    985
    MBA, EA, Specializing in Business and Individual Tax Returns and Issues
  • http://ww2.justanswer.com/uploads/IN/insearchoftheanswer/2013-8-16_0233_attorney.64x64.jpg Richard's Avatar

    Richard

    Tax Attorney

    Satisfied Customers:

    3229
    29 years of experience as a tax, real estate, and business attorney.
  • http://ww2.justanswer.com/uploads/MY/MyVirtualCPA/2012-7-5_44024_cookmegan1.64x64.jpg Megan C's Avatar

    Megan C

    Certified Public Accountant (CPA)

    Satisfied Customers:

    6121
    Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
  • http://ww2.justanswer.com/uploads/JG/jgordosea/2012-6-7_43138_GordosVeritas.64x64.jpg jgordosea's Avatar

    jgordosea

    Enrolled Agent

    Satisfied Customers:

    2783
    I've prepared all types of taxes since 1987.
  • http://ww2.justanswer.com/uploads/OZ/ozaukeecpa/2012-6-7_193219_Picture1croppedandshrunk.64x64.jpg MequonCPA's Avatar

    MequonCPA

    Certified Public Accountant (CPA)

    Satisfied Customers:

    2231
    CPA, Over 30 yrs experience w/individuals and small businesses. Masters in Tax.