My ex-husband and I filed a joint return and I signed it. He will not give me my half of the refund now. What can I do??

Attorney answers (3)

1. 

   Henry LivelyPro

   Costa Mesa Tax Lawyer

   Contributor Level 20

   

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   Answered November 29, 2009 16:24. Did your divorce decree address the refund? If it did, you can go back to the family law court and let them make him give it to you in accordance with the agreement. If not, you are stuck gong to court to argue that you are due half the refund. Whether small claims court is an option will depend on how much refund is due.
   
   Any individual seeking legal advice for their own situation should retain their own legal counsel as this blog provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this Blog cannot be used to eliminate penalties with the IRS or any other governmental agency.

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2. 

   Steven Alan Fink

   Newport Beach Real Estate Attorney

   Contributor Level 20

   Answered November 28, 2009 16:31. Yes, Or you can sue him in small claims court.
   
   The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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3. 

   Mark L Rosenberg

   Bethesda Tax Lawyer

   Contributor Level 15

   Answered November 30, 2009 12:39. If the divorce decree did not say otherwise, you should be entitled to half of the refund. Since the check must be endorsed by both parties, you should have the check delivered to one of your attorneys, to ensure that the funds are split properly.

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