Refund check from removal of name from Martgage


#1

It depends on what you agreed to in the Separation Agreement. That document would be controlling in most instances.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

My ex-wife had to apply for a new loan to have my name removed from the home mortgage we shared. In the separation papers she was to have my name removed from the mortgage as soon as possible, and I gave up rights to the house. By applying for a new loan, the transfer of mortgage resulted in a refund check. We lived in the house together for just over a year, it has been a year and four months since the separation and the mortgage was refinanced at the same time as the separation (process had begun prior to separation). A refund was also given when a change of insurance carriers was made. Am I entitled to any of the refunds since my name was on the previous accounts? If so, what percentage might it be?