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I just want to verify another post. I was divorced in March 09. The home was in both our names until we sold it in December. The ex husband was responsible as part of the divorce decree to make all mortgage payments, escrow and repairs and upon closing, I would receive all profit after paying off the loans.

He just received a escrow refund in both our names and think he's entitled to it all. I believe it is part of the proceeds and is actually all mine but have offered him 1/2.

What exactally is the law in this case? Thank you very much.

smithsussane · Posted: Thu Jan 07, 2010 11:16 pm Post subject:

Hi Beachbound!

Welcome to forums!

The escrow account is mainly set up by the lenders to receive the monthly payments from home buyers in order to pay off their insurance, taxes and assessments. In that case, I feel that your ex-spouse is entitled to receive the whole amount as he has been paying the mortgage payments, escrow and repairs. This will not be considered as a part of the proceeds. However, as your name is mentioned in the check, you may claim a portion of it.

Feel free to ask if you've further queries.

Sussane

gmakerley · Posted: Fri Jan 08, 2010 10:47 am Post subject:

i'd have to agree with sussane here. since he made all the payments, that included monies for escrow. that overage is money that he actually paid into that account.

i don't know that there's any law that comes into play on a situation such as this. even your divorce decree wouldn't have anticipated the result. let him have the money and move on.

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