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stevewlaw
stevewlaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 207
Experience:  25+ years and millions of dollars in settlements in catastrophic personal injury, wrongful death, and commercial matters.
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can my ex take out half of my tax return if i filed single

This answer was rated:

can my ex take out half of my tax return if i filed single with 1 dependent??

stevewlaw :

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..

stevewlaw :

I see you split up recently... so I assume that you are not divorced yet.

Customer:

we were never married but yes its a guaranteed break up.....

stevewlaw :

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.

stevewlaw :

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.

stevewlaw :

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.

Customer:

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!

stevewlaw :

May I ask you how it was that she had access to your bank account?

stevewlaw :

Was she also a signer on that particular bank account?

Customer:

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!!

Customer:

yes

stevewlaw :

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?

stevewlaw :

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.

Customer:

her history was for wen we were together so if she needed anything she had the money for it!

stevewlaw :

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.

stevewlaw :

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.

Customer:

thnks for your advice!!

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