Community Property Escrow Account

[ambacoach]

My husband and I divorced last year our house is considered community property. Our divorce papers state we split "all proceeds from the house". A check sent in both our names from our escrow account went to his mailing address. He does not believe I should receive half of the check as it is from a tax credit for his disability. He told the mortgage company I had died he also says he has sent the check back but the mortgage company has not received the check back and said it will take two weeks to track. I believe he may have cashed the check (although we do not have an account open in both our names...not one I know about). We are supposed to close on the sell of the house today. I am hesitant to sign until I receive my portion of the escrow check. So, I have two questions first am I entitled to the escrow check (1/2) and two should I close on the house before this matter has been cleared up?