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If the refund was made out to both spouses then it belongs equally to both unless or until a court rules otherwise. If the ex-husband forged the wife's signature and cashed the refund check he may have some explaining to do on several levels. Be that as it may, the injured spouse's only recourse would be to file suit in the appropriate state court, (small claims being the best choice)to recover her share of the refund. The IRS will not pursue the matter for her unless wrongdoing is evident, (such as a fraudlent return) in which case both filers would be subject to an audit.

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Q: While married and self-employed you filed joint tax returns with your now ex-husband who received tax credits for all the 5 years but you had a business so how do you get the tax credits split up?
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