Separate Property Income filing Jointly - Does this change property status

[joshr]

State: California

Recently my wife came into some separate property inheritance (almost $500,000) that she kept hidden from me until after we started our divorce process. As such because of income interest that she had gained while we were still together, I had to file an amended tax return for the return that I had already sent in prior to our separation that was filed jointly.

I need to make sure that things were done properly. I have seen tax code that says separate property when co-mingled can become community property. I've also seen code that seems to imply that federal tax law concerning separate property in this matter becomes joint.

Does separate property become community property if filed jointly as community income?

Is it legal to file jointly on separate property for the purpose of receiving a lower tax rate and then later claim the property as separate?

If the property remains separate was it proper for me to have filed jointly, or should it have been filed separately?

I called the IRS but they were not able to answer any questions outside of the normal filing issues and such.

 

[irish223]

State: California

Recently my wife came into some separate property inheritance (almost $500,000) that she kept hidden from me until after we started our divorce process. As such because of income interest that she had gained while we were still together, I had to file an amended tax return for the return that I had already sent in prior to our separation that was filed jointly.

I need to make sure that things were done properly. I have seen tax code that says separate property when co-mingled can become community property. I've also seen code that seems to imply that federal tax law concerning separate property in this matter becomes joint.

Does separate property become community property if filed jointly as community income?

Is it legal to file jointly on separate property for the purpose of receiving a lower tax rate and then later claim the property as separate?

If the property remains separate was it proper for me to have filed jointly, or should it have been filed separately?

I called the IRS but they were not able to answer any questions outside of the normal filing issues and such.

I think you're confusing tax law with state family law. The inheritance is separate property. The income generated from the property during your marriage may be community property. You did nothing illegal.