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How does the IRS view judgment of separate maintenance -- is the couple considered married filing jointly?
Wiki User
∙ 16y ago
No. You may not filed a Married Filing Jointly return if you are legally separated and that decree has been finalized by the last day of the tax year. Your options are either Single or Head of Household, depending on if you have any dependents that would qualify you for a Head of Household filing status.
Wiki User
∙ 16y ago
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Can a judgment creditor foreclose on property jointly owned if only one person was named on the judgment?
No
Is a couple considered married for tax filing purposes if they have signed a separation agreement?
Until they have a final decree of divorce or a decree of separate maintenance, they are still considered married. If they did not live together at all during the last six months of the year, they can be considered unmarried only for the purpose of determining whether either spouse is eligible to file as head of household. Otherwise, they may file jointly or separately, but not as single.
You would like to advise your spouse of your intention to separate but do not want to be considered as having abandoned your children or your jointly help property.?
Than don't for the children's sake.
How long does a couple need to be married for property to be considered community property?
You do not necessarily have to be married to own jointly owned property and even when an individual is married for 60 years he could still keep property separate from his spouse. Property is considered jointly owned if you purchased it together (each contributing), your name is on the property, or in some situations when you are married and you have substantially contributed to the property. If your spouse has kept the property separate by keeping it in his name, only putting his money into it then it will be considered separate.
Your Wife an you jointly filed chapter 13 bankruptcy if you separate will the case be dismissed?
No
When one spouse has a judgment enter on them can they levy property that is jointly owned by the other spouse?
In Michigan can jointly owned real estate by used to satisfy a judgement against one of the joint owners?
How do court judgments work in Missouri?
In the state the judgment creditor can execute the judgment as a wage garnishment or, bank account levy, or seizure and sale of unexempt property belonging to the debtor or a lien against real property belonging to the debtor. Missouri is a Tenancy By The Entirety state when it relates to married couples, this means that if only one spouse is the judgment debtor, property that is considered joint or titled jointly cannot be attached by the judgment creditor.
Can a creditor freeze bank accounts in New Jersey?
A judgment creditor can levy a bank account(s) held by the judgment debtor. An account can be frozen by the court when it appears that funds might be removed and/or transferred to avoid the judgment levy or to allow the judgment debtor to claim exempted funds in the account(S) or when the account is jointly held by a person who is not a judgment debtor. A joint account holder who is not a judgment debtor is required to present documents proving to the court the amount of funds that belong to them and which are not subject to a judgment levy. In some instances when an account is held jointly by a married couple and only one spouse is the named debtor the entire account will be exempted from a judgment creditor levy.
Can a property lien be placed on jointly owned property in PA?
Yes, but it will only affect the half interest of the co-owner named in the judgment.
When a judgment is awarded against a man and wife and his company and the husband files bankruptcy on the company but the wife is not a party to the bankruptcy can her wages be garnished?
If both persons were sued and a judgment awarded but only the husband filed bankruptcy and included the debt; the judgment can still be executed against any non-exempt property belonging to the wife and perhaps jointly owned property as well. The legal presumption is that the debt is still owed because it was jointly incurred.
Can you open a separate bank account if you filed for bankruptcy jointly and are now separated from your spouse?
yes...if the bank agrees.
Are collection services allowed to levy bank accounts?
In most states it is possible for a creditor or collector who wins a lawsuit judgment to execute the judgment against checking or savings accounts even when the accounts are jointly held. how about in the state of Texas
