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#97341 - 04/08/06 04:59 AM Division of Tax Returns
mills1121 Offline
recently joined

Registered: 04/08/06
Posts: 1
I am in the middle of a rather bitter divorce. My wife and I filed jointly and our tax returns were direct deposited. My wife then withdrew the amount in cash. Do I have any legal right to half the money? Any help would be greatly appreciated.

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#97342 - 04/09/06 04:20 AM Re: Division of Tax Returns [Re: mills1121]
Ladybug1 Offline
recently joined

Registered: 04/09/06
Posts: 1
My husband and I filed a joint tax return for 2005 and since we've been separated since last July, my husband now thinks I'm not entitled to a 50/50 split of our refund. It too is going to be deposited into a bank account. The IRS told me that he would have to have filed a separate tax return if he wanted to go by the separation date. Otherwise, it's a joint return and it's 50/50. Don't know if this helps

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#97343 - 04/09/06 02:28 PM Re: Division of Tax Returns [Re: mills1121]
youngatheart Offline
Carpal \'Tunnel

Registered: 09/04/05
Posts: 9498
You need to address this in your divorce proceedings, and demand that she reimburse you for 50% of the return. Maybe your lawyer could discuss it with hers, and settle it out of court?

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#97344 - 04/09/06 06:12 PM Re: Division of Tax Returns [Re: mills1121]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
Do I have any legal right to half the money?

---> Yes you do. You can ask the courts that your ex either reimbuse you, or that her side of the marital assets be credited. As an example, say the equity of the marital home is valued at $50k and the tax return was $5k, instead of getting $25,000 of the home, she would only get $22,500 and you would get $27,500.
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