Hello, I am currently going through a divorce in California and finding that for several years in the past my separate property has been used to pay community property taxes. My husband insisted I used whatever funds I had to pay and I didn’t know he had actually had separate funds in other accounts. It turns out now that he is entitled to half of that community property when he didn’t pay taxes for it. I had filed MFJ.
I read that the IRS expects spouses to share in joint tax liabilities; however, my spouse didn’t share equally.
Is there any chance to amend the last three years of returns to ensure that my ex is forced to pay for the community tax liabilities and I can get a refund? Or is there any exception at all to change from MFJ to MFS in the past?
Or is equitable relief or injured spouse a something to pursue?
Thank you!