Income tax check for separated couple

[blewis]

What is the name of your state (only U.S. law)? Texas
My nephew is currently deployed overseas and his wife is here in Texas. I am in possession of their income tax check since they were at one time living with me and I filed their taxes for them. They separated before he was deployed and are arguing over how to split the check. I was planning on depositing the check in his account but she wants the check to deposit in her account. I'm thinking of holding it until he returns since both should have to endorse it for deposit anyway. Looking for any advice I can get. Thanks in advance.

 

[Zigner]

What is the name of your state (only U.S. law)? Texas
My nephew is currently deployed overseas and his wife is here in Texas. I am in possession of their income tax check since they were at one time living with me and I filed their taxes for them. They separated before he was deployed and are arguing over how to split the check. I was planning on depositing the check in his account but she wants the check to deposit in her account. I'm thinking of holding it until he returns since both should have to endorse it for deposit anyway. Looking for any advice I can get. Thanks in advance.

How is it that you opened their mail?

 

[blewis]

Who said I opened it?

 

[single317dad]

What is the name of your state (only U.S. law)? Texas
My nephew is currently deployed overseas and his wife is here in Texas. I am in possession of their income tax check since they were at one time living with me and I filed their taxes for them. They separated before he was deployed and are arguing over how to split the check. I was planning on depositing the check in his account but she wants the check to deposit in her account. I'm thinking of holding it until he returns since both should have to endorse it for deposit anyway. Looking for any advice I can get. Thanks in advance.

In my opinion, both named parties have full and joint rights to the check and its proceeds. You, however, have no right to hold it at all. If one of the parties makes off with more than their share of the refund, that matter should be settled in the final divorce settlement.

In other words, they should both suck it up and split the proceeds fairly now, or pay the price later when they have to fairly split marital assets.

 

[blewis]

In my opinion, both named parties have full and joint rights to the check and its proceeds. You, however, have no right to hold it at all. If one of the parties makes off with more than their share of the refund, that matter should be settled in the final divorce settlement.

In other words, they should both suck it up and split the proceeds fairly now, or pay the price later when they have to fairly split marital assets.

Thank you! She will be picking it up tomorrow.