Dallas, TX asked in Tax Law for California

Q: Future ex husband filed our taxes. Per my request accountant provided me a copy and we got a refund. Can he keep it all?

My future ex husband is financially abusive. He will not give me any money and now I found out we have a refund of over 5K.

Is he entitled to intentionally not provide me a copy of our joint filing in order to keep our entire refund for himself?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you filed a joint tax return with your future ex-husband and you are legally married at the time of filing, both of you have equal rights to the refund. Typically, the refund is considered marital property and should be divided fairly between the spouses.

If your future ex-husband is intentionally withholding the refund or refusing to provide you with a copy of the joint filing, it may be necessary to seek legal assistance. An attorney can guide you through the process of asserting your rights and potentially pursuing a fair division of the refund.

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