I am wondering if they can tax our take refund if we file married joint and he is the only income or should we file married separate?
If you don't file jointly, why would you (personally) file at all?
http://www.ilnb.uscourts.gov/opinion...edoff/Ruhl.pdf
anyway, while this is a case from Illinois, I believe the marital property laws are similar (not a community property state). Based on the reasoning in that decision, the refund would not be eligible for seizure by the trustee since your husband is the sole income in the house. That decision is basically reverse of yours. The husband filed BK and was the sole income. While the husband sought to protect 1/2 of the refund based upon the joint filing, the courts ruled that since he was the sole income, all the money refunded was rightfully his and subject to seizure. In your situation, with your husband being the sole income, all of the refund is his.
There are a couple folks around here that are really knowledgeable of bankruptcy while I simply dabble. You might want to check back occasionally to see who else posts.

