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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 13330
Experience:  15years with H & R Block. Divisional leader, Instructor
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I am legally separated, going through divorce. Can my ex

Customer Question

I am legally separated, going through divorce. Can my ex file a joint return electronically without my signature?
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Hello,

No your spouse should not be electronically filing or mailing a return even without your consent to file jointly with them. This is true even if you were not separated.

Both individuals get to decide if they wish to file a joint return or not.

Expert:  Robin D. replied 1 year ago.

Married taxpayers may elect to file joint returns with their spouse. See IRC 6013(a).

When a spouse establishes his or her signature on a joint return was forged and there was no tacit (implied) consent to the return as filed, the joint election is invalid.

Expert:  Robin D. replied 1 year ago.

The individual claiming his or her signature was forged is not jointly or severally liable for liabilities arising from such a return if the signature was indeed forged.

Expert:  Robin D. replied 1 year ago.

If my answer addressed your question please rate below or above (let me know if you have difficulty as I believe the system changed), if you need more information reply below.

Expert:  Robin D. replied 1 year ago.

Please advise if you need more information or rating in a positive way is acceptable.

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