How To Get Insurance Repair Check after ED Settlement

How do I go about getting a insurance check for repair on the marital property after an ED. Settlement. My townhouse ( marital home) had water damage Dec 2018 and check was distributed in 2/19. I have been attempted to get repairs done on the townhouse. The check was written to my husband and the mortgage company because his name is on the mortgage. I have possession on the marital home and am responsible for everything, he is refusing to relinquish the check. Their was initially 3 check( restoration, loss, and repair) The repair is the one he is holding on to. I tried to go before the judge last week with contempt, and the judge stated the check is not in a order therefore we have to settle. I have possession of the marital home and responsible for the repairs which is in the order. How do I recitify this issue? I am suppose to refinance the mortgage out of his name or put the house up for sale within 6 months;however, I need to make repairs because I will need a appraisal.

If the insurance check(s) are not specifically addressed in the final equitable distribution (ED) order, then you will have limited recourse, if any, in family court to resolve this since the issue of ED is resolved and final. You may be able to make a motion to the court asking for your husband to be ordered to give you the check so that you can abide by the terms of the refinancing or selling of the home per the order.

Perhaps also sending him a stern letter requesting the check will help, and stating the benefit to him to give you the check (i.e. the mortgage will continue to be in his name until he gives you the endorsed check).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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