Start Your Divorce Today - Premium Divorce Online

Topic Options
#771888 - 05/31/16 01:40 PM Excess Property Tax Considered Net Proceeds?
jotxttu74 Offline

recently joined

Registered: 05/31/16
Posts: 1
I was awarded net proceeds from the sale of our home. There was no equity after the sale, but there is excess property tax escrow. I've consulted with my attorney and per the decree, "net proceeds" would include this escrow. My ex says he keeps it per his attorney. I've searched everywhere and cannot get a solid answer as to if escrowed property taxes would be considered "net proceeds". I would think so because it is money due after the sale of the home. Has anyone else had this issue? Thank you!

#771889 - 06/01/16 03:26 PM Re: Excess Property Tax Considered Net Proceeds? [Re: jotxttu74]
TJMH Offline


Registered: 07/17/15
Posts: 349
I'm not sure if it would be considered part of the proceeds of the sale. Seems to me that excess property tax would be money that you paid into escrow, probably out of marital funds (I imagine it was part of your mortgage payment, no?). So that would seem to make it community property and you'd be entitled to a share.

But if your ex and his lawyer disagree you'll probably have to fight to get it--is it enough money to be worth it?

#771890 - 06/01/16 09:39 PM Re: Excess Property Tax Considered Net Proceeds? [Re: jotxttu74]
MinnesotaMom Online   content

old hand

Registered: 01/05/11
Posts: 879
Who paid the taxes and when? Where you separated when they were paid?


Moderator:  dsAdmin 

Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: