Legal Question in Family Law in Texas

Community Property?

I owned a home prior to my marriage. I sold it after marriage in 2007. We had totally separate bank accounts so the funds were never intermingled. I paid the estimated income tax for the sale of the house at the time of the sale. We have since divorced. The IRS is refunding the amount of the estimated tax plus interest but the check has both of our names on it since we filed jointly in 2007. Is he entitled to half of this money? He is withholding the check from me. Is that theft?


Asked on 6/24/09, 9:04 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Community Property?

I would consider it theft, but law enforcement would probably refuse to get involved. You might contact IRS, explain the situation, and see if they will re-issue the check (possible only if you did not file a joint return). Your likely recourse is to file a contempt and enforcement action under the divorce decree.

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Answered on 6/25/09, 8:30 am


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