EX HUSBAND E-FILE TAXES WITHOUT ASKING ME

[Tracyk726]

MY EX HUSBAND ASKED ME VIA EMAIL IF HE COULD FILE MARRIED AND JOINT SINCE WE ARE NOT DIVORCED A YEAR HE SAID HE WOULD FILL OUT THE TAXES SIGN THEM SEND THEM TO ME AND I COULD LOOK THEM OVER AND SIGN THEM SEND THEM BACK. TWO DAYS LATER HE SAID HE E-FILED AND I SAID I DIDN'T AGREE TO THAT I WANTED TO SEE THEM AND SIGN THEM AND HE SAID SO THE OUTCOME IS THE SAME AND HE SAID HE WOULD GO TO THE COURT AND TELL THEM HE GAVE ME MORE MONEY SO I WILL OWE MORE IF I FILE SINGLE IF I SEEK LEGAL COUNCIL WHAT DO I NEED TO DO 

[xmasbaby0]

It is not clear from your post when you and your spouse became divorced.  When did you divorce?   There is no rule that you have to be divorced for a year.  If you were divorced as of December 31, 2023, then you cannot file as married for 2023.    If you were divorced before the end of 2023 then you cannot file as married.   Each of you has to file as Single, or if one of you is the custodial parent of the children, that person might be able to file as Head of Household.   If you were divorced before the end of 2023, then it was very improper for your "ex" to file a joint return.   He needs to amend his return and file using Single or HOH as his filing status.   Since he has already used your Social Security number on a tax return, you cannot e-file a 2023 return.   Your own return has to be filed by mail.   

Please explain when the divorce became final.

[Tracyk726]

WE WERE DIVORCED IN JULY 2023 I MOVED OUT OF THE HOUSE IT WAS SOLD IN MARCH 2023 IN THE EMAILS WE EXCHANGED HE SAID HE WAS GOING TO FILL OUT THE TAXES AND SIGN THEM AND MAIL THEM TO ME SO I COULD SEE THEM AND SIGN. THAT'S WHAT I AGREED TO BUT TWO DAYS LATER HE SAID HE E-FILED AND SIGNED FOR ME AND I SAID I DIDN'T AGREE AND HE SAID IT WOULD BE THE SAME OUTCOME AND IF I WAS TO SEEK LEGAL ADVICE OR TRY TO FILE BY MYSELF HE WAS GOING TO GET A LAWYER TO SAY I AGREED TO IT AND I DIDN'T WORK AND I JUST DON'T THINK IT IS RIGHT FOR HIM TO DO THAT WHAT HAPPENS IF SIX MONTHS DOWN THE ROAD THE IRS SAYS SOMETHING IS ILLEGAL ABOUT THE RETURN IM GOING TO BE LIABLE FOR THAT EVEN THOUGH I DIDN'T EVEN SIGN OR LOOK AT IT RIGHT 

[Tracyk726]

I ALSO HAVE EVERY EMAIL TO DOCUMENT THIS THANK YOU FOR YOUR HELP 

[xmasbaby0]

Please stop typing in all caps--it is like shouting at us and it is much harder to read.   It was all wrong for your ex to file a joint return.   You can seek legal advice and/or report tax fraud to the IRS.   We cannot give legal advice here.

https://ttlc.intuit.com/questions/1900655-what-to-do-if-you-suspect-tax-related-identity-theft

Most important) Follow the IRS procedures for reporting a fraudulent return, documented here: www.irs.gov/uac/Taxpayer-Guide-to-Identity-Theft

IRS INFORMATION REFERRAL TO REPORT VIOLATION OF TAX LAW

https://www.irs.gov/pub/irs-pdf/f3949a.pdf

If your Social Security number is compromised and you know or suspect you are a victim of tax-related identity theft, take these additional steps:

• Respond immediately to any IRS notice; call the number provided.
• Complete IRS Form 14039, Identity Theft Affidavit. Then print and mail or fax according to the instructions. 
• Continue to pay your taxes and file your tax return, even if you must do so by paper.

6-digit IP NUMBER FROM IRS

https://content.govdelivery.com/accounts/USIRS/bulletins/2af48f0?reqfrom=share

to get you new PIN from the IRS

- https://www.irs.gov/identity-theft-fraud-scams/retrieve-your-ip-pin

[rjs]

You should file your own tax return, as single (unless you have a child in your home, but you haven't mentioned any children). The joint return that your ex-husband filed is not valid, so you haven't actually filed a 2023 tax return yet. You will not be able to file your tax return electronically; you will have to file it by mail. It will probably take the IRS a long time to process your tax return, so be prepared to wait. Eventually you will get a notice from the IRS about the conflict between your tax return and the joint return that your ex-husband filed. Read the entire IRS notice carefully and follow the instructions in the notice for what to do. You might want to get help from a tax professional. Basically you will send the IRS a copy of your divorce decree showing that you were divorced before the end of 2023.

Your ex-husband will also get a notice from the IRS. They will deal with him separately. But that is not your concern, and it would be best for you to not get involved.

You might want to discuss the situation with your divorce lawyer, but be careful. Many divorce lawyers know a lot less about tax law than they think they do. Check any tax advice with a tax professional or a tax lawyer.

[Opus 17]

I agree with @rjs 

You have not actually filed a valid tax return yet.  Prepare and file your return now as Single (or Head of Household if you qualify).  Print your return and file by mail, but don't expect quick payment of your refund.  The IRS will contact you, and you will explain the situation and provide a copy of your divorce decree showing it was finalized before 12/31/23.  The IRS will handle it from there.  Your spouse was never allowed to file a joint return, there is no such thing as "we were divorced less than a year so it's ok."