Atlanta, GA asked in Tax Law, Divorce and Family Law for North Carolina

Q: I live in NC I do not work I’m a homemaker my husband and I file married joint tax returns. If we get a refund 50/50

Do we split it 50/50 or Im I not intitled to any of it.

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3 Lawyer Answers
Katlyn Ashley Reh
Katlyn Ashley Reh
Answered
  • Charlotte, NC
  • Licensed in North Carolina

A: If you and your husband are married and file your tax returns jointly, any refund received will be in both spouses names, and it should be divided equally.

David Allan King agrees with this answer

David Allan King
David Allan King
Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: Split 50/50, unless you have a separation agreement in place that dictates how to split the tax refund.

Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: In a perfect fair world, it will be 50/50 as the other attorneys have stated. However, there is the law and the way things ought to be and there is the way things actually are. The sad reality of it is that more often than not, it depends on who get their hands on it first. For example, if it gets direct deposited into a joint account, either of you could take it all of it. If he gets it and is not a fair minded person and refuses to give you your half, you would then likely be hard pressed to force him to give you your half at least any time soon if ever. So if you know how the refund will be coming, you can maybe plan to make sure he doesn't run off with your half. Best of luck.

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