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Mark D
Mark D, Enrolled Agent
Category: Tax
Satisfied Customers: 1304
Experience:  MBA, EA, Specializing in Business and Individual Tax Returns and Issues
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If my wife and i filed jointly on our taxes arent i entitled

Customer Question

If my wife and i filed jointly on our taxes arent i entitled to half of the return? We got the check and went to the bank and both signed but she had it all deposited into her own personal bank account and refused to give me my part of the refund? I done it with the understanding i would get my part when we cashed it. And is it to late to file my taxes under my name only? What can i do too get my refund money from her? As in what legal rights do i have
Submitted: 1 year ago.
Category: Tax
Expert:  Mark D replied 1 year ago.

Hello, a joint tax return would be community property. What legal actions you could take to recover your portion would need to be asked to a legal expert as a separate question. However, from a tax standpoint, you are not allowed to amend a return from joint to separate. At this point, the return filing and refund is a done deal, you must now focus on legal recourse for any portion you are entitled to.