What Can He Do?


#1

My ex and I were divorced in November of 2012. About 3-4 months ago he finally got the house refinanced and my name removed from the deed. As a quick background, I gave him 100% interest in the house in the divorce because he didn’t want to sell and I felt pressured by guilt not to fight it not to mention the fact that he has no clue about how to maintain a house and I didn’t want to be stuck with an un-sellable property down the road. Anyway, a while after the refi, he received a check for the escrow balance for $3600. Since the account had been in both our names and the check made out to both of us, he asked me to meet at the bank to sign it all over to him. Hindsight being 20/20, and realizing how much I let him get away with in the divorce, I asked for half. He refuses to give it to me. I know that I gave him 100% interest in the house and legally he is not required to split it with me. However, I refused to sign the check over to him so he applied to the mortgage company with a copy of our agreement (I assume) to have the check reissued in his name only. For some reason their response was sent to my current address with both our names on it and the mortgage company wasn’t satisfied with his paperwork and won’t reissue the check in his name without my signature and a notary. The gist of my question is this: what can he do if I refuse to sign the paperwork? I know I can’t demand the money from him, but what if I don’t sign the paperwork? Can he take me to court and force me to sign it? Or is it between him and the mortgage company now? If he takes me to court and forces me to sign it, will that cost me money or will I just have to sign the paperwork and be done with it? Thanks for your help.


#2

It sounds like he would have to go to court to enforce your separation agreement if he wants you to sign the check. If the separation agreement allows for attorney’s fees, you may have exposure to paying for his attorney if the court rules in his favor.