Can I take half the tax refund?

iVillage Member
Registered: 12-02-2003
Can I take half the tax refund?
4
Tue, 03-04-2008 - 4:32pm

I will try to make this short so I can get to the point of the question I have at the moment. My husband and I have been together for 16 yrs, married almost 11 yrs, I have been a stay-at-home mom for 12 yrs. January 31st he tells me our marriage is over. He moves out of our home and in with his new girlfriend (that he met in January through his Myspace band page!) on Feb.9.


My two daughters and myself are still in the house, with my husband paying all expenses. The plan is for me to eventually be able to support myself so he can divorce me. I am trying to get into a program, through a community college, for Displaced Homemakers (pretty sad that there is an actual term for women like me). Then I'm guessing I will have to go back to school for something or other, have no idea what at this point.


OK, so my question is: Am I entitled to half of the tax refund that was just deposited in our joint checking account? I live in Oregon. I know it will piss my husband off if I take it out. He has already stated that he needs it for living expenses (poor thing). But if I am legally entitled to half, wouldn't it be in my best interest to take it. Even though my husband is paying all my expenses? This is uncomfortable, but..... I just don't want to end up more screwed over than I already am. Plus, I noticed on his Myspace page that his girlfriend posted a comment about their upcoming trip to Montana in a few days. So, who is paying for this?


The tax money would help

iVillage Member
Registered: 10-25-2006
Tue, 03-04-2008 - 9:46pm

Hi Violet,


Only an attorney, experienced in divorce in your state, can answer your questions. I suggest you seek legal advice as soon as possible. You have the right to get legal advice and you should, especially since children are in the picture. What you don't have to do is tell your husband your consulting an attorney or hiring one. That's none of his business.


An attorney can help you understand your rights and obligations in the event of divorce and properly advise you on child support, custody and visitation.


I'd pick up that phone tomorrow morning first thing.


Good luck,

CL-Wisdomtooth2020


Some commonly misspelled words on this board:


You're = contraction of "you are"; You're going away?

CL-Wisdomtooth2020

iVillage Member
Registered: 04-24-2007
Thu, 03-06-2008 - 1:07pm

Most attorneys will give you one free consultation and I even found one who would answer a few questions (similar to your tax question) over the phone if they know I might be hiring them in a couple weeks to do the divorce.

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iVillage Member
Registered: 03-23-2007
Thu, 03-06-2008 - 2:41pm

You can go to the bank right now & withdrawal all of the monies there. As a professional in the banking industry I am well aware if this and have seen it happen on numerous occasions. As long as the account is joint the monies belong to either party. You can take money out and the other person can. You can't get into any kind of trouble.


iVillage Member
Registered: 12-02-2003
Thu, 03-06-2008 - 4:35pm

I was on my way to the bank to withdraw my half of the tax refund, when I checked our online statement first. That very day, my husband had transferred $2300 out of our joint checking into his business checking. I drove like a bat out of you know where to withdraw my $1720. I sent him an innocent e-mail stating what I had done...stating I did it for security reasons and for future schooling,