Tax refund


#1

MY HUSBAND WHO AM SEPERATED FROM DEPOSITED OUR JOINT FEDERAL TAX REFUND IN HIS PERSONAL ACCOUNT BECAUSE WE CLOSED OUR JOINT ACCOUNT WITHOUT MY SIGNATURE ON THE BACK OF THE CHECK, I DONT KNOW HOW HE DID IT AND WHY THE BANK ACCEPTED WITHOUT MY ENDOSMENT, I CONTACTED THE BANK WHICH I HAVE A AN ACCOUNT WITH THEM AND THEY WONT GIVE ME A COPY OF THE CHECK TO SEE IF HE FORGED MY NAME OR NOT. EVEN THOUGH THEY LET HIM DEPOSIT THE STATE TAX REFUND IN MY ACCOUNT($337), AND THE CHECK HAD MY MAIDEN NAME AND MY BANK ACCT. HAS MY MARRIED NAME, I COTACTED THE IRS AND THEY TOLD ME THEY CANT DO ANYTHING ABOUT IT AND ITS BETWEEN MY HUSBAND AND I. PLEASE HELP ME AND TELL ME WHAT R MY OPTIONS FOR GETTING MY HALF OF THE FREFUND. THANKS


#2

I take it from your post that your stbx is refusing to give you half the refund?

If that is the case, then you may have to file with the courts for equitable distribution to get it resolved. This happens to a lot of people and the IRS can not get involved. They pay the money, and as long as the check gets to the right person, they can’t do anything after that. If you were still living together at the end of the tax year then the money is legally marital property and should be divided. But if the stbx is refusing to divide marital assets, then the courts will have to be involved.
The banks do not usually require the account owner to give permission for a deposit as long as they are given the account number. I do not think that both signatures would be required on a check either. If your stbx’s name was primary on the check, that may be all they require.
I had a joint checking account with a roommate previously that all the household bills were paid out of. When an issue came up with a deposit, they automatically deposited it into my personal checking account that was with the same bank becasue my name was primary on the account.