Legal Question in Real Estate Law in Idaho
quit claim and escrow refund money at time of refinance
My ex-husband quit claimed the house to me. I am refinancing and will be getting an escrow refund from the ''old'' loan. Since my ex is on the loan the mortgage company says the check will be made out to both of us. Does he have any legal right to the money? Can he be forced to sign the refund check to me?
THX!
1 Answer from Attorneys
Re: quit claim and escrow refund money at time of refinance
If you show the ins comp that you are the sole owner of the house now, they might just write the check to you solely. If not, if he refuses to sign the check, most divorce decrees state that he must sign and execute all necessary documents to effectuate the transfer of the property into your ownership. You can file a motion to hold him in contempt in the divorce court for failing to make all reasonable efforts to give you your half of the community property that you have a right to under the terms of the divorce decree. My teleph # is 208-345-3817
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