Question

Can my husband direct deposit our tax refund in an account I do not have access to?

We are separated. He prepared and e-filed our return, and had the refund direct deposited into an account he has with his mother. He keeps telling me he will mail my half, but I've been hearing that for two weeks now. Is there anything I can do? We are in Texas.
I did not work, so I have no income and therefore cannot file my own return. He is in the US Army.
How do I go about suing him? Small claims court? My half of the refund is $1800.

3 years ago - 11 answers

Best Answer

Chosen by Asker

Personal experience - the IRS did not get involved when a spouse signed another spouse's name, they were no help whatsoever. If it becomes necessary, you could get a copy of the return from the IRS and take him to court. Look for free legal aid in your community (possibly at a university with a law school), or a free consultation with a local attorney for advice.

Some banks check the names on the bank account, some don't. Call the bank if you know where it's supposed to be direct deposited and ask. If it's rejected he'll get a check made out to both of you, but again, if he forges your name on the check don't look to the IRS for help.

Just a thought--you may not be entitled to 1/2 the refund, but whatever amount exceeds what he would have gotten if he filed single.

PERSONAL ACTUAL EXPERIENCE, THE IRS WOULD NOT HELP WHEN SPOUSE SIGNED THE OTHER SPOUSE'S NAME AND DIRECT DEPOSITED IT INTO HIS ACCOUNT.

3 years ago

Other Answers

file your own tax return. married filing separately.

by Fun N Sun - 3 years ago

There's nothing you can do if you allowed him to file for you, aside from suing him.

EDIT: you did agree to let him file with you, correct? I'm not sure why you feel entitled to HALF his refund when he worked and paid taxes and you didn't. You wouldn't even file so you'd get nothing, why should he give you $1800. If he filed as separate he wouldn't get $1800 less. I'd throw you a bone and give you $250.

by Orange - 3 years ago

Sounds like he forged your signature. Paper file an MFS return. The IRS will get his extra money back, plus penalty for filing a fraudulent return.

by the kid - 3 years ago

The account number for direct deposit is printed right on the 1040 form.

If you agreed to the joint return with his account number on it, then you agreed to have the refund deposited into his account. If you did not agree to file the joint return with him then he filed illegally.

You could trigger an investigation into his illegal joint return by filling your return as "Married Filling Separately." You could do this even if you have no income. You would need to mail the return with a letter explaining that your soon-to-be ex filed an illegal joint return without your permission.

Personally, I wouldn't file the separate return, but I would use it as leverage to get him to fulfill his promise to give you half of the joint refund.

by SmartA$$ - 3 years ago

The bank should NOT accept this refund deposit amount from the IRS and if they do reject it it will be sent back to the IRS and then the IRS will mail a paper check to the address that he entered on the income tax return when he filed it.
You can file your own income tax return as MFS but you will also need the information about all of the income amounts that he reported on the original filed 1040 income tax return.
I would suggest that you go to your local IRS office and ask them for some assistance and any suggestion that they might be able to give since this tax return was filed as a married filing JOINT income tax return with your name and social security number on it maybe they can help to get some thing started or maybe even a copy of your supposedly 1040 income tax return that was filed by your husband.
Go to the www.irs.gov website and at the top of the page above search box choose Contact IRS
Or use the search box for Contact Your Local IRS Office
IRS Taxpayer Assistance Centers for when you believe your issue is best handled face-to-face. Hours of service and other local information is provided on a per state basis.

www.irs.gov/contact/index.html

www.irs.gov/localcontacts/index.htm...

Taxpayer Assistance Centers
IRS Taxpayer Assistance Centers (TAC) are your source for personal tax help when you believe your tax issue cannot be handled online or by phone, and you want face-to-face tax assistance. Taxpayer Assistance Centers are closed for all Federal Holidays.
Locate a Taxpayer Assistance Center
To view a list of all Taxpayer Assistance Centers in your state, click on the map or state links below.
* To search for the Taxpayer Assistance Center closest to you, enter your 5-digit ZIP Code into the Office Locator
Hope that you do find the above enclosed information useful for your situation and good luck to you with this matter.

by Bobbie - 3 years ago

If you agreed to file a joint return with him, you are stuck. Your only recourse is to address the matter as part of your divorce. Small Claims Court will not give you anything since you agreed to file a joint return.

Since Texas is a community property state, filing Married Filing Separately is tricky. You both claim half of the community income and taxes withheld. Without copies of his W-2s and any other tax documents, that won't be feasible. You'd have to get your attorney to subpoena the documents on your behalf. If you did agree to file jointly you CAN change that to MFS but only by the April 18, 2011 filing deadline.

Keep in mind that MFS will possibly result in a much higher tax liability and/or smaller refund. If you were looking at a $3,600 refund on a MFJ return and that included the EIC, the refund on MFS returns would be MUCH smaller as the EIC is denied on MFS returns, and you could possibly even OWE when you file.

by Bostonian In MO - 3 years ago

if the check is made out to the two of you some banks will accept and some don't
someone asked a similar question last week and their bank demanded the both come to the bank to sign the check

by tro - 3 years ago

He can't legally file a joint return without your agreement and signature.

Texas is a community property state, so if you don't file a joint return, you are most likely required to file a federal return as married filing separately, with half of your joint income.

by Judy - 3 years ago

You could have filed your own return. You do not need income to file a return. You need only three things to file: (1) a name, (2) either a social security number (SSN) or a ITIN, and (3) either a pen (to sign something on paper) or a computer (to sign it electronically). That's it. Anyone with those three things can file. Even if you have nothing in the world except those three things, you can file. You do not need income. The last case I recall of someone with those three things who could not file was over 20 years ago, and the only reason he could not file was that he was being held hostage by terrorists at the time...

by StephenWeinstein - 3 years ago

Simple answer. Tell him give you your half of the refund in 3 days or you will file your own return as MFS and he will be held liable for all of the excess he got which will most likely be much more than your half. Chances are good once you file that he will owe EVERYTHING back AND some. So it would be in his best interest to go with the deal you already worked out. If he calls your bluff you will probably owe too. Personally I am vindictive enough that I would do it and pay what I need to pay just to give him a feeling of what he did to me. But its probably in both of your best interest if you do NOT file MFS and just get him to hold up to his end of the deal ASAP.

by Wayne C - 3 years ago