Huntington, NY asked in Tax Law, Divorce and Family Law for New York

Q: How does my husband change my last name before we get a divorce as well as put stuff under my name tax returns go back y

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1 Lawyer Answer
James L. Arrasmith
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  • Tax Law Lawyer
  • Sacramento, CA

A: To change your last name before getting a divorce, you need to file a formal petition with the court in New York. This process involves submitting a name change application, paying required fees, and possibly publishing the change in a local newspaper, as required by state law. The court will then review and approve the petition if it meets all legal requirements.

As for transferring assets into your name, this can be more complex, especially if it's being done in anticipation of a divorce. It's crucial to consider the legal and tax implications of transferring property or assets. For instance, transferring assets might have tax consequences, and doing so without proper legal guidance could be viewed unfavorably by a court during divorce proceedings.

Regarding tax returns, any changes to how taxes are filed or how refunds are allocated should be done with caution. If you're married filing jointly, both parties are typically responsible for the information on the tax return. If you're considering changing this arrangement, it's advisable to consult with a tax professional or a lawyer to understand the implications and ensure compliance with tax laws.

Remember, each situation is unique, and seeking personalized legal advice is important. A lawyer can guide you through the name change process, advise on asset transfers, and help navigate any tax-related concerns in the context of an impending divorce.

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