Separated, wife deposited refund in her personal acct.

[maninthebox11]

What is the name of your state (only U.S. law)? WV

I've been separated, in WV, since Oct. 2012. There are no papers filled yet, we just live separately. She filed our tax return this year, married filing jointly. It was supposed to be direct deposited into our joint account, but she apparently had it direct deposited into her own personal account that I am not on. I've repeatedly asked when the return was supposed to show up, she keeps saying she'll check on it. I've also tried to confirm more than once that she had it sent to our joint account, and she has repeatedly said yes.

I called the IRS today to check on things for myself, and they confirmed my suspicions that she did in fact route it to her personal account. My questions are:

1) Is this legal?

2) What are my options?

 

[OHRoadwarrior]

Soooo, apparently you never signed the return?

 

[maninthebox11]

Soooo, apparently you never signed the return?

She filed electronically, I never signed anything.

 

[OHRoadwarrior]

She filed electronically, I never signed anything.

They call that fraud, if you did not give her authority to sign your return. When you file electronically, you have the option to split the accounts your refund goes into.

 

[LdiJ]

They call that fraud, if you did not give her authority to sign your return. When you file electronically, you have the option to split the accounts your refund goes into.

It really sounds like he authorized her to do the efiling. Unless she went to a paid preparer, there would be nothing to sign. Therefore I would be very hesitant to call that fraud. Bad faith yes, fraud no. I do agree that the refund could have been split into two different accounts, therefore let that be a lesson to others in the same situation. BE THERE while the return is being prepared and transmitted, and ensure that the refund get properly divided.

OP, when you file for divorce that refund should be addressed in your marital property settlement.

 

[Bali Hai]

It really sounds like he authorized her to do the efiling. Unless she went to a paid preparer, there would be nothing to sign. Therefore I would be very hesitant to call that fraud. Bad faith yes, fraud no. I do agree that the refund could have been split into two different accounts, therefore let that be a lesson to others in the same situation. BE THERE while the return is being prepared and transmitted, and ensure that the refund get properly divided.

OP, when you file for divorce that refund should be addressed in your marital property settlement.

Oh I'm sure it will be "equitably" divided.