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I have recently separated from my fiancé of 3 yrs and we had…

I have recently separated...

I have recently separated from my fiancé of 3 yrs and we had bought a house together. In Feb he refinanced the house in his name only. I recently received an Uapplied Escrow check with both our names on it am I intitled to half of that check?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No I was initially working with an attorney to settle the assets as he would give me nothing. My attorney later requested upon litigation that we try and come to some agreement to save us both a lengthy court hearing and costs

Lawyer's Assistant: Where is the house located?

Oregon

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I did sign an agreement here are the contents of the agreement. On January 4, 2018, Paige L. Murphy and Jacob Stout reached a civil agreement to end all legal proceedings. Jacob offered to refinance the residence of***** in Silverton, Marion County, Oregon 97381 in his own name, provide Paige with a check of $1,250.00, and any of Paige’s belongings she may have wanted from the residence of*****
Paige agrees to allow Jacob to refinance the property of***** in his own name, which removes her from the property in its entirety, with nothing owed to her, and allowing Jacob to keep the contents within the home. Paige agrees to Jacob providing the amount of $1250.00 in the form of a Bank Certified Check. Per the instructions set forth by Paige, Melinda and Larry the check is to be made out to ***** ***** and sent to P.O Box 712 Dixfield, ME 04224. Paige agrees to Jacob starting the refinance process as soon as possible. Paige agrees to sign any refinance paperwork, which may be necessary to complete the transaction of***** into Jacobs’s name. Jacob Stout, Paige Murphy, Me***** ***** and ***** ***** agree to end all legal proceedings, requests of finances, and requests of property against each other. Mindy Murphy and ***** ***** agree not to file or request for any legal proceedings, requests of money, or property against Jacob.

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Customer reply replied 28 days ago
Here is the actual signed document
Answered in 6 hours by:
3/24/2018
Michael Bradley
Category: Real Estate Law
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
Verified

if your name was on the deed and mortgage and the check has your name on it then yes you are legally entitled to a portion of the check

if the agreement does not bring up the escrow check then my opinions does not change

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Customer reply replied 28 days ago
Did you happen to read the agreement I attached? I was worried the wording might make him think he has a case to keep the entire check.
Customer reply replied 28 days ago
Are you an Oregon lawyer or are the laws for this type of thing the same most states?

I have read the agreement and it does not change my opinion

I do believe that you have a right to a portion of that check and the agreement does not discuss this check at all

I am not licensed in OR but I have 25 years legal experience in these types of matters

OR law is not unique in this type of matter.

I believe that you can request a portion of that check especially since you are listed on the check

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Customer reply replied 26 days ago
In closing, if he does give me any resistance or conflict what should my course of action be or my answer to him as to why I am intitled?

the mortgage is in both your names, the check is in both your names, as such you are entitled to a portion of the check

he would need your signature on the check so you have a right to portion of the check

Now, he may say that all of the money in the check is from him but legally that is not a defense

as you have learned, if your name is ***** ***** property you have a right to receive from the proceeds or bought out

the agreement you made did not discuss this type pf check or any type of check and solely dealt with the terms discussed

if he will not agree then refuse to sign the check and he would be committing bank fraud if he signs your name without your written consent

at the end of the day he should offer you something

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Michael Bradley
Category: Real Estate Law
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Experience: Owner at The Protection Group LLC
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Customer reply replied 26 days ago
Thank you very much for the beneficial information. I do believe he will give me a hard time so I wanted to be prepared. I am a full time medical student and only worked part time bringing in $15k to the home so his defense all along has been even though I paid for all utilities, our car and cell phones he paid the mortgage so I am not entitled to anything.

that is not the way it works. You could have paid $0 and you would have a right to a piece of the sale or buy out since your name is ***** ***** deed and mortgage

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Customer reply replied 22 days ago
As suspected the mortgage company informed me he contacted said mortgage company and asked if he could have a check cut with just his name and was told " I am entitled to a % of the check and the check will come with both our names because that is how the mortgage was he asked to have a call from a Senior Advisor" So now I am just waiting to hear back from him as he has not responded to any of my emails that I have sent requesting we meet to cash the check. I will assume he will try and consult an attorney to see if he has any options. I thank you again for your information it at least gave me talking points when emailing him.

he really does not have any options at this point

make sure you tell him under no circumstances do you authorize him to sign you name

if he does then that is a crime

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Customer reply replied 22 days ago
I stated that in my emails to him. I informed the mortgage company that I was in possession of the check because I figured he would tell them it was lost in the mail and cut a new one to him. They said they noted the account. Also, the check happened to be forwarded to my new address so at this point I am in possession of the check not him. I informed he to comply to my request and split the check or I refuse to sign and he will end up with nothing also.
Customer reply replied 22 days ago
He is a police officer I might add so like most feels he is above the law and entitled. Thinks he has an advantage over me with the law.

he does not with the law

hold your ground and he will have to give you something

deal with a lot of officers such as him I hate to say

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Michael Bradley
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