If I am married by common law and we split, is she entitled to 1/2 my income tax refund?

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If I am married by common law and we split, is she entitled to 1/2 my income tax refund?

We live in a community poeprty state.

Asked on February 3, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are considered legally married - and you have admitted here that you are married via common law which is absolutely legal in states that still recognize it - and I am assuming that you are filing joint tax returns then yes, half of that refund is hers.  Good luck.


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