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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102138
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I recently got divorced. My wife bought me out of our

Customer Question

I recently got divorced. My wife bought me out of our mortgage. I recently got a check from my mortgage company from the money that was in escrow from our house. Is that money half mine? Or should my ex get the entire amount?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Washington state.
JA: Has anything been filed or reported?
Customer: Not that I'm aware of. Not on my side at least.
JA: Anything else you want the lawyer to know before I connect you?
Customer: should be ok.
Submitted: 8 months ago.
Category: Legal
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The answer is - this is a gray area. No statutory law states what happens in this situation in WA. The divorce decree normally takes care of such nuances, but the divorce decree likely does not mention what is to happen to the check, because this was not anticipated.

As such, one of you has to file a motion for clarification with the Court, asking the Judge to make a decision as to how the divorce decree applies to the check. After a quick hearing, the Court will render a quick supplementary order that states who the money goes to, or how it is split.

Unless of course the parties agree, in which case an agreement in writing should do.

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Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!