Queenbbike

[Queenbbike]

What is the name of your state (only U.S. law)? Oklahoma
Brother going thru a divorce no children have only two things in their names together a motorcycle and a truck the truck contract reads his and/or her names they had talked about him taking the bike and her the truck and respectfully paying each for the one that they took but she filed taxes seperately without him and he feels he should get half taxes or the truck the title is in his name only and the tag is a farm tag in his name does he have any authority here

 

[mistoffolees]

His rights are 1/2 of marital assets and 1/2 of marital debt. The major exception to that is that if he takes a vehicle with a loan on it, he takes the loan and gives her 1/2.

Technically, the tax refund is a marital asset. However, if she spends it on normal living expenses, it's gone. If it's still in her savings account, he can ask for half. He could also ask the court to order her not to spend it, but that's likely to be expensive.

Unless there's a lot of money in the tax refund, it's probably best to go with the original plan - he takes the bike, she takes the truck and the associated loan (he can have the court order her to put the loan in her own name, but unless the vehicle is worth more than the loan, that would be hard). Then, whichever one received greater equity (value minus debt) would pay the other for 1/2 of the difference.

 

[LdiJ]

What is the name of your state (only U.S. law)? Oklahoma
Brother going thru a divorce no children have only two things in their names together a motorcycle and a truck the truck contract reads his and/or her names they had talked about him taking the bike and her the truck and respectfully paying each for the one that they took but she filed taxes seperately without him and he feels he should get half taxes or the truck the title is in his name only and the tag is a farm tag in his name does he have any authority here

If she filed separately, using just her income, then why does your brother feel that he should get a share of her refund? Has he not done his own taxes? Is he getting a refund?

Her refund couldn't have been particularly large if there were no children and she filed separately.

 

[mistoffolees]

If she filed separately, using just her income, then why does your brother feel that he should get a share of her refund? Has he not done his own taxes? Is he getting a refund?

Depends on the circumstances. If they hadn't filed for divorce yet, the refund is a marital asset.

Her refund couldn't have been particularly large if there were no children and she filed separately.

And your crystal ball told you that?

Last year, I filed as single with no children and got nearly $40 K back (plus another $30 K when amending the previous year's return with my NOL carryback). You don't have any way of knowing how much she might have gotten back just from her marital status.