Texas is a community property state. This means that any and all property acquired during a marriage is presumed to be the property of the marriage. Tax refunds are considered income and therefore the income will be considered community property, which may be divisible as marital property.
However, sometimes the parties to a divorce are separated for long periods of time, and sometimes the details that led to the tax return are specific enough that the court will not order the division of income derived from the divorce. tax refund because one party received no child support, no support for the home, or no assistance to pay a community estate obligation that would have been fairly attributable to both spouses, such as property taxes or vehicle payments.
Unfortunately, one party may believe that filing taxes in a divorce is simply a first-mover game. Courts often frown upon any bad faith claim for a tax refund due to community property without dividing half to the other spouse, or without obtaining court permission, especially when there are temporary orders or injunctive relief against this kind of unilateral action. In one case, a spouse rushed to file for a tax refund, and instead of getting a refund, the state took the funds for the payment of child support owed in an out-of-wedlock child support case. In that case, the Court severely punished the offender with the poorly thought out plan.
It is important to know all of your rights in a Texas divorce and not cross the Court giving the appearance of wrongful or illegal abuse of community property. Call The Barrera Law Firm for a free consultation at 956-428-2822.
En el divorcio, ¿la igualdad de derechos significa una división 50/50?
