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How do I ask & get the Tax return money?

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tc2012

Junior Member
What is the name of your state (only U.S. law)? Ca.
Ive been filed a divorce on Feb 2. The first hearing is coming in April & still living together. He never share our tax money with me but himself for a long time. What should I do to get a half of the money myself & prevent him from withdrawing all of our joint tax return money himself at this time? The money will be deposited on the joint account in any time, but I don't know when. can I sue him if he take out all of it ? I don't have an attorney. And i have one more question. Recently I lost my car by having an accident. My spouse got $5k from The insurance company & he gave me a half of it. Do I have to buy a car for $2500? Am I entitled to get a same value of a car I used to have? Thanks!
 
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asiny

Senior Member
What is the name of your state (only U.S. law)? Ca.
Ive been filed a divorce on Feb 2. The first hearing is coming in April & still living together. He never share our tax money with me but himself for a long time. What should I do to get a half of the money myself & prevent him from withdrawing all of our joint tax return money himself at this time? The money will be deposited on the joint account in any time, but I don't know when. can I sue him if he take out all of it ? I don't have an attorney.
Good news- California is a community property state meaning what's yours is his and what's his is yours. A 50/50 split of everything.
You need an attorney. Unless you trust him to be understanding and reasonable when it comes to splitting all the property/finances.
And i have one more question. Recently I lost my car by having an accident. My spouse got $5k from The insurance company & he gave me a half of it. Do I have to buy a car for $2500? Am I entitled to get a same value of a car I used to have? Thanks!
Bad news- California is a community property state meaning what's yours is his and what's his is yours. A 50/50 split of everything. He gave you half of the insurance payout- which is correct. You are due nothing more.

This also means for debt.. be sure that he does not go getting credit cards until the divorce is final. Although your attorney (the one you will get) could argue that the debt is not yours since you had filed for divorce on Feb. 2nd - unless the credit card is used to make payments to bills or joint debts.

Good luck and I wish you the best in this situation.
 
OP can ask the court to order that the STBX give her 1/2 of the tax return money since it was community property before filing for a dissolution.

In order to find out how much that is, OP can file an IRS form asking for a copy of the last tax return or up to 10 years worth of tax returns.

The car? Whose name was on the title?
 

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