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Level 1
June 5, 2019
Question

In a community property state, can the injured spouse retain the entire refund if the other spouse (non-injured) does not earn income? Injured party is self employed.

  • June 5, 2019
  • 1 reply
  • 4 views

In Texas, injured spouse claim is split is 50/50. Just exploring any possibility where I can get the most back from the refund without the hefty split.  I own a business, my wife does not earn income.  Any help is appreciated. Thanks!

1 reply

Alumni - Champ
June 5, 2019

Probably not.  In Comm Prop states, your income is presumed to belong 50% to your spouse.