What do I do if my ex-husband claimed me on his taxes?
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Here’s how I would approach this — step by step — if you’re in this situation:
1. Confirm exactly what was filed.
Get a copy of the returns that were submitted. You can create an IRS online account at www.irs.gov to view your tax transcripts — look for Account Transcript and Return Transcript for the relevant years. You can also call the IRS at 1-800-829-1040 for personal assistance.
2. Determine if he signed your name.
If you did not sign or consent, and he signed your name (electronically or on paper), that is tax fraud and potentially identity theft. Filing jointly without your knowledge or forged signature is illegal.
3. Report to the IRS (Identity Theft).
If you believe you are a victim of identity theft, file IRS Form 14039 — Identity Theft Affidavit. Mail or fax it to the address on the form with any supporting documents. Keep a copy for your records. Call the IRS Identity Protection Specialized Unit (IPSU) at 1-800-908-4490.
4. Notify the tax preparer.
Call or send a certified letter to the tax service your ex-husband used. Demand a copy of the signed authorization forms. Inform them that you never consented — they may be required to cooperate with the IRS and could face penalties for fraud.
5. Address the fraudulent refund deposit.
If he deposited a refund that you were entitled to, it’s both tax fraud and likely marital financial misconduct (if you’re still resolving finances). You can also report this to the IRS Criminal Investigation Division. File Form 14157 — Complaint: Tax Return Preparer if the preparer was involved. Consider a police report for fraud or theft if appropriate.
6. Amend or correct your tax record.
You may need to file your own correct return for the affected year(s). If you are entitled to part of the refund, the IRS may pursue him for repayment.
7. Consider civil action if necessary.
If this has caused you financial harm (e.g., he kept all your share of the refund), you may have a claim in family court or small claims depending on the amount. If you’re divorced, check if your divorce decree says anything about splitting tax refunds.
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My ex-husband filed taxes claiming me without telling me. He kept the refund and attempted to file back taxes. He deposited the refund into his sole account.
I’m sorry to hear about the situation with your ex-husband and the tax issues you’re facing. Have you already contacted the IRS regarding the unauthorized tax filing?
Yes
Are there any specific documents or evidence you have that support your claim against your ex-husband?
Yes
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your tax filing issue.
Emails and texts saying don’t claim me. And the tax lady wouldn’t give me a copy. I have emails.
Hello my name is Andres Sanchez and I am an attorney with 20 years of experience. Could you clarify what you would like to know?
My ex-husband went to a tax service and filed taxes without my consent. I didn’t sign anything. I don’t live in his city.
I am sorry to hear that. What can I answer for you?
He attempted to file our back taxes also, but I found out. He never asked me to sign anything or authorize him. He deposited the refund in his account.
Here’s how I would approach this — step by step — if you’re in this situation:
1. Confirm exactly what was filed.
Get a copy of the returns that were submitted. You can create an IRS online account at www.irs.gov to view your tax transcripts — look for Account Transcript and Return Transcript for the relevant years. You can also call the IRS at 1-800-829-1040 for personal assistance.
2. Determine if he signed your name.
If you did not sign or consent, and he signed your name (electronically or on paper), that is tax fraud and potentially identity theft. Filing jointly without your knowledge or forged signature is illegal.
3. Report to the IRS (Identity Theft).
If you believe you are a victim of identity theft, file IRS Form 14039 — Identity Theft Affidavit. Mail or fax it to the address on the form with any supporting documents. Keep a copy for your records. Call the IRS Identity Protection Specialized Unit (IPSU) at 1-800-908-4490.
4. Notify the tax preparer.
Call or send a certified letter to the tax service your ex-husband used. Demand a copy of the signed authorization forms. Inform them that you never consented — they may be required to cooperate with the IRS and could face penalties for fraud.
5. Address the fraudulent refund deposit.
If he deposited a refund that you were entitled to, it’s both tax fraud and likely marital financial misconduct (if you’re still resolving finances). You can also report this to the IRS Criminal Investigation Division. File Form 14157 — Complaint: Tax Return Preparer if the preparer was involved. Consider a police report for fraud or theft if appropriate.
6. Amend or correct your tax record.
You may need to file your own correct return for the affected year(s). If you are entitled to part of the refund, the IRS may pursue him for repayment.
7. Consider civil action if necessary.
If this has caused you financial harm (e.g., he kept all your share of the refund), you may have a claim in family court or small claims depending on the amount. If you’re divorced, check if your divorce decree says anything about splitting tax refunds.
Thanks for your info.
You're welcome. I hope everything works out for you.
Same here. Good day.
Thanks.
