Any lawyers around?
I lived with my ex for almost 10 years and we sold the home last week. The mortgage is in his name, but my name is on the deed. At closing we both signed all the paperwork, and a check was presented with both of our names on it. We signed the check, he deposited it into his account, but not willing to share any profits. Am I entitled to any funds?
- David 14Lv 72 years ago
Depends on the state and what the divorce agreement says.
- lucyLv 72 years ago
Your 1st sentence tells it all. This house was shared/paid for by your EX.
So, why would you allow a EX to put this check into (his/her) account only, since once again this person is an EX. Let me guess the EX said, I will give you your half, but once in his/her account, then decided he did not have to.
All you had to do was go to their bank and (before) EX deposited it, ask the bank to cash out your (half), then you could have put into your own account.
The only lawyer that can give you advice is not on Y/A, but in person for (any) legal options you might or not have.
- STEVEN FLv 72 years ago
As soon as you endorsed the check he was free to do whatever he wanted with the funds. What you SHOULD have done is secured your portion of the proceeds FIRST.
To determine if you could successfully sue him for some or all of the proceeds requires more information that you SHOULD NOT post online.
Note: Anyone else in a similar position should instruct whoever is issuing the check to issue SEPARATE checks to each party.
- ArcherLv 72 years ago
You should check your divorce papers for if your name only was on the deed your the sole owner of the property.
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- AthenaLv 72 years ago
Why in the world would you deposit YOUR money into an account ONLY in his name?
- charlatanLv 72 years ago
1. a cheque drawn on an individual's name can be deposited in a joint account
2. a cheque drawn on an joint names can NOT be deposited in a single person's account
that is the practice at my place.
see if that applies at your place
- MikeLv 72 years ago
Only the judge who hears your case can say.