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.

[jxburton20]

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!

[SweetieJean]

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