Theft charges?

[68chick]

What is the name of your state? Texas

Situation for friend:

Ex-wife is still on joint account (haven't been able to get there to sign her off it). Everything has been settled - the house has been sold - she received 55% of assets.

A couple months later, the escrow cheque from the previous home came through. Ex-wife contributed nothing to this as she had not been living in the home for almost a year previous.

She believes she is entitled to 55% of this as well and she starts harassing ex-husband via e-mail threatening felony charges for forging cheque, calling the mortgage company to see when the cheque was mailed out and exactly how much it was for

Ex-husband did not forge but rather the cheque was marked "for deposit-only" and replies to her threats saying "fine, withdraw 55% of the escrow - just get out of my life".

She withdraws over 80% of the escrow, knowing that she is not entitled to any more than 55%.

What now?

File charges for theft?

 

[HomeGuru]

What is the name of your state? Texas

Situation for friend:

Ex-wife is still on joint account (haven't been able to get there to sign her off it). Everything has been settled - the house has been sold - she received 55% of assets.

A couple months later, the escrow cheque from the previous home came through. Ex-wife contributed nothing to this as she had not been living in the home for almost a year previous.

She believes she is entitled to 55% of this as well and she starts harassing ex-husband via e-mail threatening felony charges for forging cheque, calling the mortgage company to see when the cheque was mailed out and exactly how much it was for

Ex-husband did not forge but rather the cheque was marked "for deposit-only" and replies to her threats saying "fine, withdraw 55% of the escrow - just get out of my life".

She withdraws over 80% of the escrow, knowing that she is not entitled to any more than 55%.

What now?

File charges for theft?

**A: it was not theft because the account was a joint account.
Legally, she could have withdrawn 100% of the proceeds.
It appears that it was a violation of the divorce decree property distribution agreement and equity settlement.

 

[68chick]

Thanks for the information...

But what now? (Besides getting her name off the account)

Where does one turn when the other is in violation of the agreement? This is not the first violation she has committed...

 

[stephenk]

hire an attorney and file contempt charges in family law court and seek restitution for the amount she took above the agreed upon percentage. There is a court order regarding the percentage she is entitled to, right?

 

[68chick]

Yes, there is...

Thanks for the info everyone...

 

[Lorih]

I had a joint checking with my ex-husband and I was able to close the account. They just mailed him a letter stating the account had been closed.

If you haven't already - you might want to stop into the bank and talk to someone and explain your situation. It won't help to get that money back. But you really don't want to be on an account with her anymore anyway....