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Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
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Experience:  Divorce, custody and child support attorney.
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I want to file a motion to divide escrow account holding funds

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I want to file a motion to divide escrow account holding funds of parties.
After our divorce, we sold our house and my ex won't divide the $38k we made. Our decree orders me to be responsible for $60k that I took out of our second mortgage and for me to pay from the proceeds of the house. My ex was ordered to pay me 40k he took out from the second, 10k he took out from the second, $2,500 from a credit card but she did not specifically state how he was to pay that.
She also ordered him to pay me $1,500 just recently because he took me back to court and for attorneys fees he has to pay that, but this is a judgement 1 1/2 yrs after divorce decree. Can I also add that in there to be divided up from the escrow proceeds. That would mean he gets 25k and I get 13k.
Submitted: 6 years ago.
Category: Family Law
Expert:  Lawyer Lori replied 6 years ago.
Did your divorce decree state how the funds were to be divided? Or is your husband delinquent in making any payments to you (and it sounds as if he owes you money)?

You can file a motion to: 1) adjudge him in contempt for not making the payments to you; 2) obtain an order dividing the escrow account to correct the payment deficiencies. If the funds are being held in escrow pending directions on disbursement, a court order will force either the title company, bank or attorney to disburse as ordered. You will need to be able to provide an accurate accounting to the court of what funds are owed in order to obtain the order.

Hope this helps you out.
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