MarilynG1
Expert Alumni

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The IRS has a provision for 'Relief from Community Property Laws', Section 25.15.5.

 

However, it appears that the local IRS Director would apply the provisions of IRC 66 on an individual case basis, and issue a letter or statement to taxpayers of such.  

 

You may need to consult the local IRS office, or a tax attorney, to see what is specifically needed in your case as documentation for filing MFS as you outlined.  It may be that a notarized statement or judge's decision would be sufficient, as you suggest. 

 

Click this link for more info on 25.15.5 Relief from Community Property Laws.

 

 

 

 

 

 

 

 

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