Results 1 to 3 of 3
  1. #1
    Join Date
    Nov 2014
    Posts
    1

    Default Splitting Escrow Reimbursement After Divorce

    My question involves real estate located in the State of: Texas

    Seperated last November, spouse moved out permanently in December, Divorce final in March. I stayed in house and continued to pay mortgage, insurance, taxes, and upkeep without help from spouse. House sold this month and we split the proceeds 60/40. Now the escrow reimbursement has arrived. Is this rightfully all mine since I am the one who paid in to it all year? Is it a 50/50 split, or is it subject to the same 60/40 split? There is no mention of the escrow balance in the divorce decree. The property taxes were included on the Hud 1 Settlement Statement. Thanks for your help!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Splitting Escrow Reimbursement After Divorce

    Even if the escrow balance is not explicitly mentioned, it may be covered by more general language in the divorce judgment. Your judgment may also reflect a date upon which you were treating your assets as separate for purpose of their valuation and division. The most common dates selected for valuation and division of property are the date of separation and the date of the judgment, and it is quite possible that with either date most or all of the escrow balance would reasonably be attributed to payments you made out of your own, separate assets.

    Is the check issued only to you, or is it joint? Is your question asked in the abstract, or has your ex- asked about the escrow money?

    If you had a divorce lawyer who represented you through the divorce, this is a question for your lawyer.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Splitting Escrow Reimbursement After Divorce

    Quote Quoting Mr. Knowitall
    View Post
    Even if the escrow balance is not explicitly mentioned, it may be covered by more general language in the divorce judgment. Your judgment may also reflect a date upon which you were treating your assets as separate for purpose of their valuation and division. The most common dates selected for valuation and division of property are the date of separation and the date of the judgment, and it is quite possible that with either date most or all of the escrow balance would reasonably be attributed to payments you made out of your own, separate assets.

    Is the check issued only to you, or is it joint? Is your question asked in the abstract, or has your ex- asked about the escrow money?

    If you had a divorce lawyer who represented you through the divorce, this is a question for your lawyer.
    Also, the reason for the 60/40 split in the first place (instead of 50/50) could impact the disposition of the escrow funds.

    1. Sponsored Links
       

Similar Threads

  1. Divorce: Reimbursement of Your Ex's Attorney Fees in a Divorce Case
    By Hagstrom78 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 11-06-2014, 12:35 PM
  2. Division of Assets: Default Behavior for 401k in Divorce if Splitting Unspecified
    By basichelp in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 11-02-2013, 11:28 PM
  3. Division of Assets: Splitting Assets in Divorce
    By gatorbear in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 04-22-2013, 06:06 AM
  4. Division of Assets: Splitting Up 401k Per Divorce Order
    By prescott in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 02-21-2013, 09:57 AM
  5. Divorce: Splitting Income and Assets in a California Divorce
    By tlegend in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 06-07-2007, 09:21 PM
 
 
Sponsored Links

Legal Help, Information and Resources