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Debt Relief – Insolvency – Bankruptcy Information » Foreclosure Help » How should i file my taxes going through a divorce and foreclosure?

How should i file my taxes going through a divorce and foreclosure?

My ex wife and I seperated 3/09 We both moved out and left the house go into foreclosure. I haven’t recieved any mail from the mortgage company it all goes to her. I have no idea what she’s doing I have no spoke with her, but i need to file my taxes. Do i file with my w-2s and not worry about any of the house stuff, and do i file married seperated or single?

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3 Responses to "How should i file my taxes going through a divorce and foreclosure?"

  1. TheBigSquareHead says:
    Although it’s probably the last thing you want to do, you absolutely need to contact your ex-wife on this to determine her filing status and what (if any deductions she may be taking).

    There are some questions you need to answer before you proceed:

    - Have you legally filed for divorce or are you just separated?
    - Do you have legal representation?
    - Are their any children involved (this has a bearing on if you can file as Head of Household)?
    - Is the house only in her name?

    This is too complex an issue to not get some serious professional advice before you proceed (either a good divorce attorney and/or accountant). If you make assumptions on your filing status without knowing for sure what your ex is doing the IRS will become the “referee” to sort things out.

    And please trust when I say, you don’t want the IRS in the middle of this because it will only complicate matters by a factor of 10. Get things sorted with her and then file.

    Good luck.

  2. Judy says:
    Last question first – if you are divorced and it was final on or before 12/31/09 you can file single, otherwise your choices are a joint return if you both agree, or married filing separately.

    For the house, assuming your name is on the mortgage, you’d be wise to find out what’s happening with it, through the lender, and ask that duplicate copies of any paperwork be sent to you, since you could end up having problems later if something happens you don’t know about, and I’m not just talking tax issues.

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