Net Profit Split After Principal Credit

[bjornenolejonet]

You shouldn't have to settle it with the ex if the divorce decree is specific on the situation. Ask the attorney for the closing why he/she thinks that it's necessary to settle it with the ex when the information has already been provided.

Closing attorney wants it decided and brought up before closing. I feel as there is, like you say, a divorce decree there should be no question on the payout. My understanding is th at the closing attorney doesn't want to go into closing with any lose ends, but putting all the work on me.

That your ex is abusive doesn't seem to have anything to do with anything. What exactly does the closing attorney think needs to be "settled" given what your divorce stipulation and decree say?

He wants a reminder sent to ex before the closing and all of us to come to an understanding. That ex is abusive plays a big role in this, he makes things very difficult when it comes to these kind of things. He refuses to accept terms specified in divorce agreement. I think once we recieve the disbursement statement it would be discussed if it doesn'tfollow the divorce papers.

[PayrolGuy]

Closing attorney wants it decided and brought up before closing. I feel as there is, like you say, a divorce decree there should be no question on the payout. My understanding is th at the closing attorney doesn't want to go into closing with any lose ends, but putting all the work on me.



He wants a reminder sent to ex before the closing and all of us to come to an understanding. That ex is abusive plays a big role in this, he makes things very difficult when it comes to these kind of things. He refuses to accept terms specified in divorce agreement. I think once we recieve the disbursement statement it would be discussed if it doesn'tfollow the divorce papers.

It isn't the job of the closing attorney to referee your argument with your ex about the terms of the degree. And the attorney is right. This all needs to be cleared up BEFORE the closing.

[bjornenolejonet]

It isn't the job of the closing attorney to referee your argument with your ex about the terms of the degree. And the attorney is right. This all needs to be cleared up BEFORE the closing.

Wouldn't it be the attorney's job to disburse the payment according to the divorce agreement? If not, then who? And it is not about reffing an argument - there is a court ordered document specifying who gets what!

[llworking]

Wouldn't it be the attorney's job to disburse the payment according to the divorce agreement? If not, then who? And it is not about reffing an argument - there is a court ordered document specifying who gets what!

I can see where an attorney might have a concern about being at a closing table with the two of you while the ex is throwing a hissy fit about you getting more money than him/her. However, I think it's a bit lazy of the attorney not be be even willing to send out a statement showing how the disbursements are going to work based on the divorce decree. However if he is handling the closing for a set fee that might be why. Putting it all on you means that the closing may never happen. You might offer to pay separately for the cost of him sending out a letter showing how the disbursements will work.

[PayrolGuy]

Wouldn't it be the attorney's job to disburse the payment according to the divorce agreement? If not, then who? And it is not about reffing an argument - there is a court ordered document specifying who gets what!

That depends on who the closing attorney is working for. It would clearly be wrong for the attorney to do anything that wasn't in keeping with the decree but it may not be his job to make the two of you behave like adults.

[bjornenolejonet]

I can see where an attorney might have a concern about being at a closing table with the two of you while the ex is throwing a hissy fit about you getting more money than him/her. However, I think it's a bit lazy of the attorney not be be even willing to send out a statement showing how the disbursements are going to work based on the divorce decree. However if he is handling the closing for a set fee that might be why. Putting it all on you means that the closing may never happen. You might offer to pay separately for the cost of him sending out a letter showing how the disbursements will work.

I did get hold of my divorce attorney this afternoon who said to wait until we get the the disbursement statement, and to make sure the split is correctly written. I will send a question to the closing attorney asking when this might go out to us. I am sure once he gets the pay-off quote from the bank, and the transfer taxes, and wht other fees are in play. My attorney said to make that I don't sign that until everything is included in it that should be. I will definitely bring in my divroce attorney to the closing. He said that if any monies are disputed it would be put in an escrow acct to later be heard in court.

[pg1067]

He wants a reminder sent to ex before the closing and all of us to come to an understanding. That ex is abusive plays a big role in this, he makes things very difficult when it comes to these kind of things. He refuses to accept terms specified in divorce agreement. I think once we recieve the disbursement statement it would be discussed if it doesn'tfollow the divorce papers.

The suggestion that "a reminder [be] sent to [the] ex before the closing" is perfectly reasonable. That the ex is "abusive" or "difficult" isn't relevant for the simple reason that he's a part of this transaction, so you have no choice but to deal with him. Being proactive is better than not being proactive.

At the end of the day, you said that you've communicated with your divorce attorney, so you should rely on what he/she says.

Wouldn't it be the attorney's job to disburse the payment according to the divorce agreement? If not, then who? And it is not about reffing an argument - there is a court ordered document specifying who gets what!

The court order isn't binding on anyone other than you and your ex. The job of a closing attorney (or escrow company) is to what the persons who hire him/her instruct him/her to do. In other words, if your and your ex's instructions to the closing attorney are that he/she distribute the proceeds according to what the divorce decree says, then there you go.

At this point, I'm going to remind you that no one here has read your divorce stipulation, your divorce decree, the contract for sale of the property or the instructions to the closing attorney.

[bjornenolejonet]

The suggestion that "a reminder [be] sent to [the] ex before the closing" is perfectly reasonable. That the ex is "abusive" or "difficult" isn't relevant for the simple reason that he's a part of this transaction, so you have no choice but to deal with him. Being proactive is better than not being proactive.


The court order isn't binding on anyone other than you and your ex. The job of a closing attorney (or escrow company) is to what the persons who hire him/her instruct him/her to do. In other words, if your and your ex's instructions to the closing attorney are that he/she distribute the proceeds according to what the divorce decree says, then there you go.

At this point, I'm going to remind you that no one here has read your divorce stipulation, your divorce decree, the contract for sale of the property or the instructions to the closing attorney.

At the end of the day, you said that you've communicated with your divorce attorney, so you should rely on what he/she says.

I have sent the attorney a copy of the divorce agreement, and told him what the expectatino are for the payout. My attorney said to see what the disbursement statement looks like, and make sure the correct division is included there. I will ask the closing attoreny when I could expect to see the disbursement statement. I think this course of action makes the most sense to me. Earlier I wasn't aware of this statement existence. I would certianly expect another attorney to honor a court ordered document, it is after all a binding contract.