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
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
A: Split 50/50, unless you have a separation agreement in place that dictates how to split the tax refund.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.