Legal Question in Family Law in California
After selling escrow overage check has both names
After I signed my name off of house to ex so he would be able to get a new loan. A escrow overage check in both our names from the old loan came and he wants me to sign and not give me any of the money. First if my name is on check doesn't that mean half is mine. Second if first is true can I request the company to cancel check and issue two new ones for both of us split equally. knowing family law i'm sure none of this will fly but thought i would ask anyways. thank you
2 Answers from Attorneys
Re: After selling escrow overage check has both names
You name appearing on the check does not mean that you are entitled to one half of the amount of the check. The determining factor is the source of the funds for the check. It would seem most likely that the check is for a refund of funds paid during the marriage, or prior to the house equity being divided. Thus you may well have an interest in the money. If you have an attorney that is representing you in the dissolution of your marriage consult with that attorney regarding your interest in the check.
Re: After selling escrow overage check has both names
You may have very strong actionable rights herein, however, we would need more clear background information from you first. For a free phone consultation, contact us directly today.
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