Tax return question

[ChristianH86]

Jurisdiction

Utah

So about two months ago, my wife decided to up and leave out of nowhere. She didnt go through the proper channels. We're not legally separated nor divorced. She threw out everything I own and has literally made me homeless and cut me off financially entirely as I was unemployed at the time. We filed our taxes jointly and have yet to receive our check but it should be here soon. She's threatening to not give me any of it, let alone the half I believe I'm entitled to. It will be a paper check as there was an issue with the direct deposit. Am I entitled to half? Does she need my signature/ID to cash it? What can I do if she refuses to give me any, other than a small claims case which I intend to do anyway for other reasons, so I plan to add that in the civil suit should she not give me any.

 

[ChristianH86]

Sorry if this is in the wrong spot. I'm new here and u familiar with legal stuff.

 

[Zigner]

So about two months ago, my wife decided to up and leave out of nowhere. She didnt go through the proper channels.

She doesn't need to go through *any* channels if she wants to leave. I'll give you the benefit of the doubt, though, and just assume that it was a poorly worded way of saying that she didn't file anything with the court when she left.

We're not legally separated nor divorced. She threw out everything I own and has literally made me homeless and cut me off financially entirely as I was unemployed at the time.

I thought she up and left. How did she throw out your stuff if she left?

We filed our taxes jointly and have yet to receive our check but it should be here soon. She's threatening to not give me any of it, let alone the half I believe I'm entitled to. It will be a paper check as there was an issue with the direct deposit. Am I entitled to half?

Perhaps.

Does she need my signature/ID to cash it?

Legally? Perhaps. Practically? No.

What can I do if she refuses to give me any, other than a small claims case which I intend to do anyway for other reasons, so I plan to add that in the civil suit should she not give me any.

Why a small claims suit? Why not a divorce? It's unlikely that you'll be successful in a small claims suit against your wife, whom you are not legally separated or divorced from.

 

[Tax Counsel]

We filed our taxes jointly and have yet to receive our check but it should be here soon. She's threatening to not give me any of it, let alone the half I believe I'm entitled to.

Federal tax law does not specify how much each spouse is entitled to receive from a joint tax refund. That's left up to applicable state property & domestic relations law.

It will be a paper check as there was an issue with the direct deposit. Am I entitled to half? Does she need my signature/ID to cash it? What can I do if she refuses to give me any, other than a small claims case which I intend to do anyway for other reasons, so I plan to add that in the civil suit should she not give me any.

The split is up to the spouses to decide. In my state the proper form for this despite would be a divorce action. It sounds like that's the direction this relationship is headed for anyway. The law in your state may be different. I suggest you consult a divorce attorney. That attorney will give you all the options available to you. The sooner you do it the better chance you have of getting a better split of assets. If she starts getting rid of assets, that could be a problem for you if you wait.

 

[ChristianH86]

She doesn't need to go through *any* channels if she wants to leave. I'll give you the benefit of the doubt, though, and just assume that it was a poorly worded way of saying that she didn't file anything with the court when she left.
I thought she up and left. How did she throw out your stuff if she left?
Perhaps.
Legally? Perhaps. Practically? No.
Why a small claims suit? Why not a divorce? It's unlikely that you'll be successful in a small claims suit against your wife, whom you are not legally separated or divorced from.

We were living in our camper until it broke down beyond repair. Then we were staying at an extended stay hotel for a few months while we saved for a new camper. One day I had a few interviews and I was out most of the day. When I had returned, she had checked out of the hotel and threw everything out that wasn't "hers". Including priceless things that were sentimental and unreplaceable. And when I say everything, I mean everything. Everything that wasn't on me or I wasn't wearing. We will be going through divorce. She claims to have filed for divorce online. I have reasons to doubt that but I don't know. I just started a new job and I can't afford a divorce attorney since she's moved all our assets out of our account and into her own.

 

[ChristianH86]

She doesn't need to go through *any* channels if she wants to leave. I'll give you the benefit of the doubt, though, and just assume that it was a poorly worded way of saying that she didn't file anything with the court when she left.
I thought she up and left. How did she throw out your stuff if she left?
Perhaps.
Legally? Perhaps. Practically? No.
Why a small claims suit? Why not a divorce? It's unlikely that you'll be successful in a small claims suit against your wife, whom you are not legally separated or divorced from.

In Utah I can sue for Alienation of affection, emotional distress, destruction of property and defamation. She also got me in legal trouble for something I didn't do. I have pictures, videos, and audio recordings of all of it, including her admitting she lied to the police.

 

[Zigner]

In Utah I can sue for Alienation of affection, emotional distress, destruction of property and defamation. She also got me in legal trouble for something I didn't do. I have pictures, videos, and audio recordings of all of it, including her admitting she lied to the police.

I suspect that you have serious misunderstandings of what any of those terms actually mean from a legal perspective.

 

[ChristianH86]

I suspect that you have serious misunderstandings of what any of those terms actually mean from a legal perspective.

Well that's why I'm here... Make a little more sense? Maybe try not being a dick.

 

[Zigner]

Well that's why I'm here... Make a little more sense? Maybe try not being a dick.

Ok, let's go step by step:
What do you believe she did that would be considered alienation of affection?
What do you believe she did that would be considered as causing emotional distress?
You already covered the destruction of property.
What do you believe she did that was defamation?

 

[ChristianH86]

Ok, let's go step by step:
What do you believe she did that would be considered alienation of affection?
What do you believe she did that would be considered as causing emotional distress?
You already covered the destruction of property.
What do you believe she did that was defamation?

Not suing her for Alienation of Affection but the guy she started a full blown relationship with immediately after she left. Yes, I have proof, including her admitting to it as well as the guys girlfriend sending me a message on Facebook

I have pictures and screenshots of her telling other people that I was a crazy narcissist and bipolar, none of which are true. She's made her friends, family and customers at her job believe the worst about me when I treated her like a queen. Right hand to God.
Emotional distress? I have called the suicide help line and the domestic violence hotline numerous times because she made me feel so awful. I was an absolute wreck. I loved my wife more than I know how to express and she put me in a situation where I am now living in horrendous conditions with nothing, surrounded by psychotic drug addicts. This just came out of nowhere. We didn't have any problems and never fought or argued about anything ever. Yes, I was and am completely absolutely devasted. I made a vow, a commitment, and a promise to that woman and it meant absolutely everything to me, she meant everything to me. And now my whole world is gone in the blink of an eye.

Again, I have pictures, videos and audio recordings to prove everything. Including phone records of calls made to helplines.

 

[Zigner]

Great - now it's time to head to divorce court...not small claims.

 

[ChristianH86]

Thank you.

 

[zddoodah]

In Utah I can sue for Alienation of affection, emotional distress, destruction of property and defamation.

While Utah is one of a few states that still recognizes the archaic cause of action "alienation of affection," you haven't mentioned anything that would indicate it's relevant (hint: you can't sue your spouse for it). "Emotional distress" is a form of damages that is recoverable in some instances, but it's not a cause of action unto itself. Destruction of property is something that should be dealt with as part of the divorce. You also haven't posted anything to indicate that any defamation occurred.

She also got me in legal trouble for something I didn't do. I have pictures, videos, and audio recordings of all of it, including her admitting she lied to the police.

If you want us to provide feedback, you should elaborate about this.

I have pictures and screenshots of her telling other people that I was a crazy narcissist and bipolar, none of which are true.

Those are non-actionable expressions of opinion. Even if they weren't, what damages did you suffer as a result?

the guy she started a full blown relationship with immediately after she left.

If the relationship didn't start until after she left, you aren't likely to succeed.

She's made her friends, family and customers at her job believe the worst about me

Ok...and you've mad us (and probably your family and friends) believe the worst about her. This is the case in pretty much every split. People take sides. Unless she made a false statement of fact that caused you actual damages, this isn't a legal issue.

Great - now it's time to head to divorce court...not small claims.

Concur.

 

[ChristianH86]

My wife and I filed jointly this year. We are now separated. She has the paper check. It has both our names on it. No where she's gone will allow her to cash it without my signature. So my wife refuses to meet up with me so we can go cash it. She said she'd rather let it sit and go to waste than to give me any. Considering my living situation has changed drastically, I could really use my half of the return (which we did verbally agree on splitting 50/50 when we first separated, if that matters.)

I'm just curious if there is anything I can do to get the check myself, and or maybe have the irs send out two individual checks with our own names on it. Or... anything for that matter. It's a decent sum of money, especially for me right now.

 

[Zigner]

My wife and I filed jointly this year. We are now separated. She has the paper check. It has both our names on it. No where she's gone will allow her to cash it without my signature. So my wife refuses to meet up with me so we can go cash it. She said she'd rather let it sit and go to waste than to give me any. Considering my living situation has changed drastically, I could really use my half of the return (which we did verbally agree on splitting 50/50 when we first separated, if that matters.)

I'm just curious if there is anything I can do to get the check myself, and or maybe have the irs send out two individual checks with our own names on it. Or... anything for that matter. It's a decent sum of money, especially for me right now.

I'm tagging @Tax Counsel who may have additional information.

With that said, you used the term "tax return" but you are actually speaking of your tax refund. The return is what you file, and the refund is the money you get back.

 

[adjusterjack]

which we did verbally agree on splitting 50/50 when we first separated, if that matters.

Yes, it matters. A verbal agreement during a separation is likely unenforceable.

If you want half the refund, get the divorce and have it put in the decree.

How much is the refund amount?

 

[Tax Counsel]

Considering my living situation has changed drastically, I could really use my half of the return (which we did verbally agree on splitting 50/50 when we first separated, if that matters.)

I'm just curious if there is anything I can do to get the check myself, and or maybe have the irs send out two individual checks with our own names on it. Or... anything for that matter. It's a decent sum of money, especially for me right now.

There are several things you might do, but before I delve into that it would be useful to know some more details. First, is this refund check for a joint federal income tax return, some kind of state tax, or other tax? Second, how much is the refund check? And third, do you have any evidence besides your own testimony about how you agreed to split the refund?