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  1. #11

    Default Re: Post Divorce Mortgage / Escrow

    So he can just keep the money that belongs to me?

  2. #12
    Join Date
    Oct 2016
    Posts
    3,030

    Default Re: Post Divorce Mortgage / Escrow

    No, you sue him. That is what you do in a civil case.

  3. #13

    Default Re: Post Divorce Mortgage / Escrow

    And that costs money and time which I donít have.

  4. #14
    Join Date
    Oct 2016
    Posts
    3,030

    Default Re: Post Divorce Mortgage / Escrow

    Then you are stuck I guess.

  5. #15

    Default Re: Post Divorce Mortgage / Escrow

    Thanks for the encouragement, much appreciated!

  6. #16
    Join Date
    Oct 2016
    Posts
    3,030

    Default Re: Post Divorce Mortgage / Escrow

    Few of the volunteers here are here to be cheerleaders.

  7. #17

    Default Re: Post Divorce Mortgage / Escrow

    Quote Quoting bjornenolejonet
    View Post
    My question involves a marriage in the state of: NY
    My ex and I co-own the marital property, we are both on the mortgage, but as per the divorce degree I am solely responsible for all payments of loan and taxes of the property since 2016, and have exclusive rights to the house. Recently I grieved the property taxes and was able to get them lowered. The taxes are paid through the mortgage and every year the bank does an analysis of the escrow account for the taxes tied to the mortgage. This year as the taxes went down there was an overage in the account and a check was sent out with the overage amount. Since my ex is on the top line in the mortgage (the check that was in both our names) was sent to him, and he cashed in it and neglected to hand the money over to me. The amount is slightly over $1,000. The bank sent out the check on 4/12, and ex cashed it in on 4/22. I wrote him an email yesterday asking him to reimburse me the full amount within 24 hours or I would file a police report. Is there any other actions I can take? Does he have a right to this money? Thanks!
    Let me ask you: Are we given to understand that the divorce decree: (1) Granted you exclusive possessory rights to the home; (2) Ordered you to individually assume all future accruing costs of ownership - YET (3) left the ownership of the home unaltered leaving recorded title to the home remaining in your joint names? If not, then what are we to make of this statement: "My ex and I co-own the marital property"?!

    If so, then you've got bigger concerns than quarreling over this lousy rebate check. Also, if so you must have been represented in court by a diseased squirrel. Because if so, you cannot dispose of the home nor refinance the mortgage loan without your ex husband's cooperation. And if he should die, then you'd dealing with his estate and/or heirs.

    Are you aware that if so, that you two now hold title to the former love nest as cotenants the worst possible way to own real property. And although his ability to sell his one half undivided interest might be curtailed by the language in the decree, that his attaching and levying creditors would be under no such restriction?

  8. #18

    Default Re: Post Divorce Mortgage / Escrow

    All is correct in your statement except for the last paragraph. We do have added language to the divroce decree that protects the co-owned property against such. I am very well aware of the predicament of needing him agreeing to sell the house. I am aware I would need ot go to court to have them compel him to sell if need be. But thst is not the issue this time around, I know it will be an issue later. Everything is an issue with him.......

  9. #19

    Default Re: Post Divorce Mortgage / Escrow

    Where do you come by this absurd notion that the divorce decree "protects the co-owned property" against any of your ex-husband's attaching judgment creditors?
    Apparently you are oblivious of the meaning of "due process of law" as if a family court would have the ability to preemptively deprive his judgment creditors - present or future - of their right to levy against his undivided one half interest in the home. Trying selling that "theory" in an attempt to abort an IRS lien!

    Secondly you are dreaming if you think that "when and if needed" the court will allow you to reopen the divorce case and order your ex "to agree to sell" his undivided one half interest in the home. You can no more compel him to sell his vested interest than he could force you to sell your vested ownership.

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