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Old 02-12-2015, 03:19 PM
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Foreclosure Review Payment

My ex-husband and I were nearing the end of a bankruptcy, chapter 13, when we separated and divorced. As a result of the divorce, we lost the house in foreclosure, and were denied refinance assistance. The bankruptcy was finalized several years ago.

This past August I received a check in the mail, payable to me and my EX-husband, as part of the foreclosure review payment settlement that our lender was apparently a part of. The check was made payable to my married name AND my ex-husband. We both had to present identification and sign it to receive the funds, in addition to me having to provide certified copies of our divorce papers showing that I took my maiden name back. My ex of course received his half of the money at the time we cashed the check at the bank.

I received a 1099-MISC for 2014 for the ENTIRE payment amount, even though I only benefitted from half of it. When I called the Paying Agent to notify them they had made a mistake, they informed me that they can only make the 1099 out to one person. I feel like this is very unfair since they made the check out to both of us and I clearly could not have cashed it without his knowledge and endorsement, meaning, of course he took his half of it. My name was not first on the original mortgage and I feel they are taking advantage of me by holding me responsible for the taxes on the full amount. The paying agent would not send me a corrected 1099-MISC.

Is there a way I can go about filing my taxes for only my half since the 1099-MISC is going to be for a different amount?



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Old 02-12-2015, 11:31 PM
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Originally Posted by DIVORCE2010 View Post

Is there a way I can go about filing my taxes for only my half since the 1099-MISC is going to be for a different amount?
however you must report the whole amount on sch c onyour return;then you can report the whole amount on your Sch C and deduct half of it as other expenses on line 27 a of Sch C; I guess you may attach a statement; a statement is simply an explanation of the circumstances. It is attached to the return and becomes part of the return. Since you have to sign the return,probably on page 1 or 2, you don't have to sign the statement or have your signature notarized.



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