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    passmeby's Avatar
    passmeby Posts: 473, Reputation: 11
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    #1

    Mar 28, 2009, 10:22 AM
    Who does tax refund belong to?
    In the case of a married filing jointly (one spouse didn't work), does the tax refund belong equally to both spouses? There are 2 children claimed as well (the kids are ours together).

    Thank you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 28, 2009, 10:24 AM

    II belongs jointly to the people filing the return.
    passmeby's Avatar
    passmeby Posts: 473, Reputation: 11
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    #3

    Mar 29, 2009, 12:03 AM

    What would be the penalty if one spouse took all the money? Is this a crime?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Mar 29, 2009, 05:57 AM

    It depends on the circumstances. Since the money belongs to the family, I don't see a crime if one spouse uses it.

    However, if there is a pending divorce, it could become an issue in the divorce.
    passmeby's Avatar
    passmeby Posts: 473, Reputation: 11
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    #5

    Mar 29, 2009, 06:49 AM

    We're going through a rough patch, separation and divorce has been discussed. He insists the money is all his, it's going into his bank account so it's not like I could go down there and take my half. I'd just like to know if it would be a crime for him to block/refuse access to my portion or steal it altogether.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Mar 29, 2009, 05:37 PM

    No its not a criminal offense. It is a matter for distribtuiion of assets in a divorce.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Mar 29, 2009, 05:49 PM

    Nothing criminal, morally it is the family, and this can be one of the issues sued for in divorce court
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