6 months waiting period

[beautifullife]

In California there is a 6 months waiting period before divorce is finalized. All paperwork has been filed and completed and am in that period. I have some questions regarding this:

1. If I acquired properties during this period, can I sign contract and deed without husband's name on?

2. 6 months will not be over by December 31 of this year, will I be required to file paperwork as married? Can I file it as single on my 1099? I'm confused. I heard I need to file either separated or together as married. But on tax form it says something like"If you're married but spearated, you can file as single." Which one is correct? Do I need to include his income?

Thanks for help in advanced.

 

[Michael Wechsler]

Originally posted by beautiful_life:
In California there is a 6 months waiting period before divorce is finalized. All paperwork has been filed and completed and am in that period. I have some questions regarding this:

1. If I acquired properties during this period, can I sign contract and deed without husband's name on?

2. 6 months will not be over by December 31 of this year, will I be required to file paperwork as married? Can I file it as single on my 1099? I'm confused. I heard I need to file either separated or together as married. But on tax form it says something like"If you're married but spearated, you can file as single." Which one is correct? Do I need to include his income?

I am not sure. My understanding is that a legal separation (not just not living together) might enable you to file as single. Did you obtain a judgment? If so it should be effective immediately.

With regard to acquiring property, I'm thinking that the same applies with regard to legal separation. However, if you used money that could be subject to being part of the marital estate then you would not simply wash this characteristic away because you used the money to buy property. The division may take into account the money prior to the separation. My understanding is that a dissolution of marriage is not automatic after the six month waiting period and there still can be the potential for trial. I don't know the specifics and your divorce attorney is likely the best source to ask specific questions since he/she knows all the particulars we don't have here.