My ex-husband claimed me on his taxes without my authorization and kept the refund for himself. What can I do?
My ex-husband filed taxes and claimed me without telling me. He kept the refund and attempted to file back taxes. He deposited the refund in his sole account.
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Here’s how I would approach this — step by step:
1. Confirm exactly what was filed.
Get a copy of the returns that were submitted:
- Create an IRS online account at IRS.gov → “Get Transcript.”
- Review Account Transcript + Return Transcript.
- Or call IRS: 1-800-829-1040
2. Determine if he signed your name.
If he filed jointly without your knowledge and signed your name — that is tax fraud and identity theft.
3. File IRS Identity Theft Affidavit.
- Complete Form 14039 and state: “Spouse filed false joint return without my consent. I did not sign. I did not authorize preparer.”
- Mail/fax to IRS with ID.
4. File a complaint against the tax preparer.
The preparer helped commit fraud:
- Submit Form 14157 – Complaint: Tax Return Preparer
- Include their business name, details, emails, etc.
5. File your correct tax return.
Submit your own correct return as Married Filing Separately:
- Include note: “I am filing this correct return due to unauthorized fraudulent joint filing by spouse without my consent.”
6. Notify your divorce attorney.
This is marital misconduct and can affect:
- Property division
- Financial claims
- Possible reimbursement to you
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My ex-husband filed taxes and claimed me without telling me. He kept the refund and attempted to file back taxes. He deposited the refund in 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.
Yes.
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 to authorize him.
He deposited refund in his account.
Here’s how I would approach this — step by step:
1. Confirm exactly what was filed.
Get a copy of the returns that were submitted:
- Create an IRS online account at IRS.gov → “Get Transcript.”
- Review Account Transcript + Return Transcript.
- Or call IRS: 1-800-829-1040
2. Determine if he signed your name.
If he filed jointly without your knowledge and signed your name — that is tax fraud and identity theft.
3. File IRS Identity Theft Affidavit.
- Complete Form 14039 and state: “Spouse filed false joint return without my consent. I did not sign. I did not authorize preparer.”
- Mail/fax to IRS with ID.
4. File a complaint against the tax preparer.
The preparer helped commit fraud:
- Submit Form 14157 – Complaint: Tax Return Preparer
- Include their business name, details, emails, etc.
5. File your correct tax return.
Submit your own correct return as Married Filing Separately:
- Include note: “I am filing this correct return due to unauthorized fraudulent joint filing by spouse without my consent.”
6. Notify your divorce attorney.
This is marital misconduct and can affect:
- Property division
- Financial claims
- Possible reimbursement to you
Tax service company helped him. And tax fraud this woman said we own a business, filed we lost wages from that and expense computers and she also lied about donations we didn’t make. She put loss from business.
Divorce is in process, but I told him do not claim me do married separate.
We don’t live together and I told him I was filing I never signed anything. He told me weeks later he filed. I don’t even live or was in the city he filed.
What to do now:
- Get copies of tax returns (via IRS transcript).
- File Form 14039 (identity theft).
- File Form 14157 (complaint against preparer).
- File your correct tax return.
- Tell your divorce attorney.
I have filed complaint with IRS and reported her.
Okay it sounds as though you have taken some of the necessary steps. Do you have any other questions?
Can I sue?
This woman wouldn’t give me a copy she tried to charge me $25.
I got the forms from IRS I sent her emails also.
Yes, you can consider filing a civil claim.
Thanks for your info.
Andres Sanchez
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