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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 2963
Experience:  associate attorney
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Thanks nice reply. Mr. Boyer. Unexpected thing happened last

Customer Question

Thanks for your nice reply. Mr. Boyer. Unexpected thing happened last night so I stopped our talk. I am not sure whether you still have time or not. I am experienced in lawsuits. I know Texas family law. Since my wife secretly took the half house sale fund without my content, now I have tough time to pay family bills because she refused to pay any family bills. I have to take her to court.Because you’re a real estate lawyer, my major expectation from you is the closing attorney in Tennessee did a right job or not-----Our official fund transfer is to a joint bank account. Then my wife wanted to secretly transfer half funding to her own account. This closing attorney should have reasonable doubt and consult with me or the realtor for such a big change. This is what I expect to get an answer from you. I’ll keep our communication, your name and law firm confidential.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Christopher B, Esq. replied 1 year ago.

Again, my name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

If the attorney that handled the closing in Tennessee had a set contract to follow that specifically stated that the funds were to be paid into a specific account this would be a grey area. You and your wife equally have the same right to the funds and I'm sure you know that the joint account that you and your wife share in which the funds of the sale were supposed to be placed, is accessible to both you and your wife. The joint account balance can by fully withdrawn by either spouse. So technically your wife could have withdrawn the whole $80,000 then and now and placed that amount in a separate account. I'm not sure that there is a lawsuit here as you and your wife have equal right to the funds and to account. There are really not any damages as your wife could have withdrawn the money anyway. There might be a breach of fiduciary duty on the part of the attorney and a possible legal malpractice suit but this would be very difficult to win as again, you will have a hard time proving damages as your wife had access and could have withdrawn the money anyway. Again this is assuming that there is a specific contractual agreement to place the money in that joint account.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

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