# Sale of marital property and escrow **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [October 5, 2007, 9:56pm UTC](https://forum.rosen.com/t/sale-of-marital-property-and-escrow/5097 "2007-10-05T21:56:57Z")\ **Posts on this page:** 2\ **Page:** 1
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [October 5, 2007, 9:56pm UTC](https://forum.rosen.com/t/sale-of-marital-property-and-escrow/5097/1 "2007-10-05T21:56:57Z")
The escrow refund would be considered net proceeds from the sale and should be shared between you in the same ratio that the equity was shared. I would recommend the two of you try to come to an agreement on this issue, otherwise you may spend more money pursuing this issue than you will actually receive form the sale. Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.787.6361 main fax Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Durham & Chapel Hill Office 1829 East Franklin Street Building 600 Chapel Hill, NC 27514 (919) 321.0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations. ---
**Author:** ![cussrodder](https://avatars.discourse-cdn.com/v4/letter/c/a8b319/32.png) [@cussrodder](https://forum.rosen.com/u/cussrodder)\ **Post date:** [October 1, 2007, 11:11am UTC](https://forum.rosen.com/t/sale-of-marital-property-and-escrow/5097/2 "2007-10-01T11:11:15Z")
My ex wife and I recently sold the marital property. Our separation agreement reads, ver batim, as follows: Wife shall pay husband 30% of the equity in the marital home. For the purposes of this section, the “equity in the marital home” shall be defined as follows. If the marital home is sold, the “equity in the marital home” shall be the net proceeds from the sale of the home, after taxes, revenue stamps, the costs of the sale (including but not limited to realtors fees) and the indebtedness on the residence is subtracted from the sales price. There were no problems at closing. I received my check for 30%. However, the mortgage company recently mailed out the escrow reimbursement check for close to $2000.00. Would this be considered part of the “net proceeds” from the sale of the house. IF NOT, since the check is made out to me and her, am I obligated to endorse it without receiving what I feel is my fair share. Thanks so much for your help. Luke