Am I entitled to half of our tax return from when we were married? 3 Answers as of November 16, 2010

Due to a mistake with the IRS, my ex-husband received a tax return 3 years late. In those 3 years, we got divorced. Since we were still married and filed together at the time the money was owed, I feel I am entitled to half of this return. My ex disagrees. If I sue him for the money, am I likely to get the half I deserve? And do I need a tax attorney, or is this a small claims court kind of thing? The total amount is about $2,000.

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E. Ray Critchett, Zaino & Humphrey, LPA
E. Ray Critchett, Zaino & Humphrey, LPA | Ray Critchett
Generally, if you are married and file a joint tax return, each party signing the return is jointly liable for the taxes owed and generally, equally entitled to any refund received. The terms of your divorce may alter this outcome and other factors may need to be considered as well. You may want to meet with an attorney to determine your legal rights to the refund and then purse a small claims or municipal court claim on your own.

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Answer Applies to: Ohio
Replied: 11/16/2010
David Hoines Law
David Hoines Law | David Hoines
Probably,but depends on the terms of your divorce small claims
Answer Applies to: Florida
Replied: 11/12/2010
LT Pepper Law
LT Pepper Law | Luke T. Pepper
You might be entitled to the refund depending on how you filed your taxes and whether or not this was included as part of the settlement of your divorce.
Answer Applies to: Pennsylvania
Replied: 11/11/2010
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