Legal Question in Family Law in North Carolina

My wife and I separated, the agreement was for her to take my name off the home loan. I received an escrow check that was in both our names after the loan was closed. I deposited the check and sent her half. Now she's suing me for the balance saying I wasn't entitled to the money. The check and loan was in both of our names, the check only required one signature. Per my separation attorney the escrow balance wasn't mentioned in the separation agreement. Does her claim have any validation?


Asked on 1/03/14, 2:30 pm

1 Answer from Attorneys
Mueni Muli Wanjohi & Muli Law Firm PLLC

If the separation agreement did not discuss the escrow and if the escrow was either marital or divisible property, her case will have no merit. If she has filed an actual law suit, get legal representation in court. Good luck!

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Answered on 1/04/14, 4:49 am


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