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wilsonbc

Junior Member
What is the name of your state (only U.S. law)? North Carolina

I recently worked with my ex-wife's attorney to reach a settlement on how we'd split the proceeds of the sale for our jointly owned home. Our separation document left some wiggle room that we finally settled on. I received an email from her attorney that stated the following

"My client has agreed to accept the payment of $X.XX as her portion of the home closing. Please submit the check to our office at the address below and then we will subsequently forward to our client."

I just want to be sure that this issue is resolved once and for all. I don't want to be liable for any other payments. Do I need to get something in writing from her as well? How can I protect myself and do I even need to do anything else? Thanks!
 


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mistoffolees

Senior Member
wilsonbc said:
What is the name of your state (only U.S. law)? North Carolina

I recently worked with my ex-wife's attorney to reach a settlement on how we'd split the proceeds of the sale for our jointly owned home. Our separation document left some wiggle room that we finally settled on. I received an email from her attorney that stated the following

"My client has agreed to accept the payment of $X.XX as her portion of the home closing. Please submit the check to our office at the address below and then we will subsequently forward to our client."

I just want to be sure that this issue is resolved once and for all. I don't want to be liable for any other payments. Do I need to get something in writing from her as well? How can I protect myself and do I even need to do anything else? Thanks!
Click to expand...
Tell them that you'll send the payment after the judge signs off on the agreement.

Until the court has approved it, the agreement isn't binding. She could spend all that money and then ask for 1/2 of remaining marital assets in front of the judge.

Oh, and I'd strongly suggest that you have an attorney review the agreement before signing it. The attorney who is representing your wife can NOT represent you, as well.
 
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latigo

Senior Member
Don’t be writing any checks to anyone until the postnuptial and a quitclaim deed are signed and notarized and you’re attorney has approved. And then make it out payable to your wife, period.

Also, insist that the postnuptial state that the wife has been represented throughout the settlement process by _________________ as her independently employed counsel.

I do not understand why some/many family law attorneys are so careless with their licenses as to put them on the line by working both sides of the fence. The perception of a conflict of interest is too glaring for my blood!

I guess when the BMWs rolled in ethical standards rolled out.

Sax
 
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ray25

Member
wilsonbc said:
What is the name of your state (only U.S. law)? North Carolina

I recently worked with my ex-wife's attorney to reach a settlement on how we'd split the proceeds of the sale for our jointly owned home. Our separation document left some wiggle room that we finally settled on. I received an email from her attorney that stated the following

"My client has agreed to accept the payment of $X.XX as her portion of the home closing. Please submit the check to our office at the address below and then we will subsequently forward to our client."

I just want to be sure that this issue is resolved once and for all. I don't want to be liable for any other payments. Do I need to get something in writing from her as well? How can I protect myself and do I even need to do anything else? Thanks!
Click to expand...
Hold up just a moment. Is your divorce final? Did either of you file papers for equitable distribution prior to the divorce? What was the "wiggle room"?

You protect yourself by getting an attorney.
 
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