Hi [USERNAME], my name is XXXXX XXXXX I will do the best to help you. My advice is general only and does not create an attorney-client relationship. I need to ask if your divorce is final..
I see you split up recently... so I assume that you are not divorced yet.
we were never married but yes its a guaranteed break up.....
If you were never married and you filed single with 1 dependent, she has no right to half of your tax return refund. I separated myself last July and am in the process of divorcing. But since we are not yet divorced I filed married and joint.
Your tax refund is directly related to your own personal income. Since you were never married she has no legal right to any of your personal income while you were together, let alone after you broke up.
I have no idea where she got the idea that she was entitled to half of your personal income tax refund. Whoever gave her that advice is dead wrong. She owes you that money back. If she refuses to return it to you, you can file a small claims action against her to get your money back.
she has never worked since we were together and everything i had i earned it... what can i do to get back what i earned??? and yes i know a portion goes to my son...and i fine with that!! but what i got was my money to rebuild my home!
May I ask you how it was that she had access to your bank account?
Was she also a signer on that particular bank account?
when i opened up my account i put her in it but before i could remove her is when she took it out....and a sheriff told her she has every right!!
She had a right to remove money from the account because she was a signer on the account. However, what agreement did you have with regard to the use of the account since the money you would deposit into that account came from your personal earnings? What was her history of use of the account?
If she exceed her permission to use the account in taking out that money (which I assume that she did), then she had no right to those funds and must return them to you, or she will most likely be held legally responsible for taking money that did not belong to her. You will have to file a lawsuit against her to recover the money if she refuses to return it to you voluntarily.
her history was for wen we were together so if she needed anything she had the money for it!
So her history and permission was not to "willy nilly" remove thousands of dollars in cash - she probably merely used the account to pay for "joint" expenses like food, utilities and things like that for the household.
It sounds to me like she exceeded her permission in using the account and that can be substantiated by bank records. There was no permission for her to take one-half of your personal income tax refund for no other purpose than taking you money. I think you will do fine in court if you have to sue her.
thnks for your advice!!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).