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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116154
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My wife and I filed a joint tax return and she had it

Customer Question

My wife and I filed a joint tax return and she had it deposited in her account and won't give me my part. What should I do? She's also opening my mail without consent.
JA: OK. The Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?
Customer: virginia
JA: Have you consulted a lawyer yet?
Customer: no
JA: Please give me a bit more information, so we can help you best.
Customer: What do you need
JA: Is there anything else important you think the Lawyer should know?
Customer: Well she agreed to give me my have of the tax return now she will not. She thinks I owe to her for some reason. I need my half because I depend on it. She also has been opening my mail without consent because she knows I'm going to file for divorce now and I guess she's looking for ammunition against me?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, as long as you are married, you cannot do anything about this. Once you legally separate from under the same roof, she could no longer open your mail and if she would be doing so then that is a violation of law that you would report to the US Postal Inspector. As far as your money, there is nothing you can do RIGHT NOW about getting your share. When you file your divorce, as part of the marital property settlement, you would be able to recover the share of that return attributed to your income.
So, you need to get the divorce filed and you need to move from under the same roof or get a court order to make her move from the marital home and/or get an injunction ordering her to cease opening your mail. Furthermore, you would need to add in the money from the tax refund in your marital property division demand.