Legal Question in Family Law in California

split of assets

my exhusband an I are leagally divoriced and we were to sell our family residence and split the proceedes 50/50. Two years later the home has finally sold and we are due to close escrow next week. the title company is refussing to give me 1/2 of the money even though it is court ordered, because my ex husband doesn't agree that I should get that amount. He states that since he had to help with some payments and impovements over the past 2 years that he should be reinbursed for all the money that he is out. I am just wondering if it is legal for the title company to hold the funds and why do we have to agree when we already have a court order that states the proceeds will be split 50/50? Can anyone answer this for me please. Thank you so much! What should I do from here?


Asked on 4/10/07, 11:41 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: split of assets

The escrow company will not become involved in your dispute. If the two of you cannot come to an agreement on how much of the proceeds each of you receive they will file a interpleader. This a lawsuit in which the escrow company tells the court here is the money husband and wife cannot agree who gets how much therefore the court should make that determination. The escrow company will retain an attorney to file the interpleader action and will deduct that cost from the amount they are holding. The cost for filing the interpleader will be several thousand dollars for the escrow company. The you and your husband will be requires to file a response, the filing fee will be $300+each.

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Answered on 4/21/07, 10:18 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: split of assets

The title/escrow company at issue must lawfully abide by the court order to split proceeds 50/50 period. Failure for it to do so could bring about liability on the title/escrow company. You should IMMEDIATELY retain legal counsel to set things straight with the title/escrow company at issue before its too late. Our aggressive Law Firm can do all of this for you promptly and affordably. Contact us directly today for such legal assistance.

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Answered on 4/10/07, 11:59 am


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