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socrateaser, Lawyer
Category: Family Law
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Experience:  Retired (mostly)
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Can a California divorcing spouse and/or the community be

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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.


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