Under Texas Law, any and all property that is acquired by a marital partner during a marriage is presumed to be community property. A tax return, no matter what the circumstances are, will be treated that way in a Texas court if the parties are married.
Often times, parties may be separated for quite some time, and the children have lived with only one parent all year, in which case the court may make some exceptions to dividing it between the parties, or may use the value of it to offset other money owed.
It is important to understand that the court controls these decisions and if you are served with a temporary restraining order during a divorce that you carefully take note if any restriction exists to wait before you spend it and get in trouble with the court.
For more information please call The Barrera Law Firm at (956) 428-2822 for a free consultation or complete our online form.
