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.

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!

320

Level 15

Jun 4, 2019 6:05:19 PM

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

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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.