My ex wife and i just closed on the marital residence which she had been living in. As part of our divorce i agreed to take all loss at closing and if there was a profit it was to be split. I wound up taking a loss of nearly 10k at closing. There is now from the same mortgage company an escrow refund check for 2300 dollars. She believes it is half hers and i think it still keeps me well under break even and should be mine. I cant find a definative answer on wether the escrow refund is seperate from closing or considered part of. The check will be coming in both our names so it seems the burden of proof is on me. Do I have any options besides taking her to court? or is it leagally half hers (after taxes and insurance paid at closing come out)
Since your agreement does not specify, the escrow money will have to be split.