Does the refund check come in one or both names when filling jointly as an injured spouse?

[sales11]

My tenant's husband is on the run on a domestic charge.  She needs this money to take care of her disabled daughter.  He is not around to sign a joint check.  Any suggestions?

[JohnW15 · Accepted solution]

The injured spouse can choose how her portion of any potential refund is issued.

When you file Form 8379, Injured Spouse Allocation, Line 11 gives you the option:  “Check this box only if you want your refund issued in both names. Otherwise, separate refunds will be issued for each spouse, if applicable.”

For the injured spouse to get her portion of any refund back in her own name, then, the box would not be checked. 

For more information, see Form 8379, Injured Spouse Allocation.

Bear in mind that, for a return to be considered a joint return, both spouses generally must sign the return.  If the return is electronically filed, both spouses must consent to the filing.