signing a check

[linkouam]

In NY. My ex wife and I had bought a house while we were still married and after the marriage I kept the house. I've been having financial difficulties and I am now being foreclosed on. Right before I found out about the foreclosure I had made a payment to the bank. After finding out about the foreclosure the bank sent me a check in the amount of my the payment made. My ex wife's name is also on the check since the house in still in both our names and she is absolutely refusing to sign the check. Is there any way of getting her to sign the check legally?

 

[tranquility]

In NY. My ex wife and I had bought a house while we were still married and after the marriage I kept the house. I've been having financial difficulties and I am now being foreclosed on. Right before I found out about the foreclosure I had made a payment to the bank. After finding out about the foreclosure the bank sent me a check in the amount of my the payment made. My ex wife's name is also on the check since the house in still in both our names and she is absolutely refusing to sign the check. Is there any way of getting her to sign the check legally?

Not for any reasonable amount of money absent an already-in-effect court order she would be in violation of if she didn't sign. What did your final order say regarding the house?

 

[linkouam]

Only that the the sole occupancy of the house went to me. The check was for $350. She's refusing to sign because I didn't get her name taken off the house, but no where in the divorce papers did it state that that was my responsibility.

 

[Ohiogal]

Only that the the sole occupancy of the house went to me. The check was for $350. She's refusing to sign because I didn't get her name taken off the house, but no where in the divorce papers did it state that that was my responsibility.

You are kidding, right? IT is your responsibility if you are awarded the house and expect to have full ownership of the house that you refinance the house. Your ex is due half the money. And since you didn't, if the divorce papers state that you indemnify her against any damage/harm, you may find yourself in a bunch of trouble.

 

[linkouam]

You are kidding, right? IT is your responsibility if you are awarded the house and expect to have full ownership of the house that you refinance the house. Your ex is due half the money. And since you didn't, if the divorce papers state that you indemnify her against any damage/harm, you may find yourself in a bunch of trouble.

Sorry, honestly didn't know that.

 

[Ohiogal]

Sorry, honestly didn't know that.

Get out your divorce papers. Read your divorce papers. You may find that your ex can sue you for contempt and various other things because you have irreparably harmed her credit by failing to meet your obligations on the home you were awarded. That $350 may end up being nothing more than spare change comparably.

 

[linkouam]

Get out your divorce papers. Read your divorce papers. You may find that your ex can sue you for contempt and various other things because you have irreparably harmed her credit by failing to meet your obligations on the home you were awarded. That $350 may end up being nothing more than spare change comparably.

Thank you. I will look at them.

 

[justalayman]

there is a very simple and easy remedy here. It happens all the time. You purchase her cooperation. In other words, offer her some money in exchange for her signing the check. This is a wild guess but I suspect it won't cost over $175 to get her to sign the thing. Don't know why the odd number but that's my guess anyway.

 

[linkouam]

Get out your divorce papers. Read your divorce papers. You may find that your ex can sue you for contempt and various other things because you have irreparably harmed her credit by failing to meet your obligations on the home you were awarded. That $350 may end up being nothing more than spare change comparably.

The divorce papers state is "ordered and adjured that plaintiff is hereby awarded exclusive occupancy of the marital residence located at **************., together with its contents until further order of the court"

 

[linkouam]

there is a very simple and easy remedy here. It happens all the time. You purchase her cooperation. In other words, offer her some money in exchange for her signing the check. This is a wild guess but I suspect it won't cost over $175 to get her to sign the thing. Don't know why the odd number but that's my guess anyway.

I've tried that already and she won't budge.

 

[Ohiogal]

The divorce papers state is "ordered and adjured that plaintiff is hereby awarded exclusive occupancy of the marital residence located at **************., together with its contents until further order of the court"

Read further... is there anything in there about debts -- and not incurring debt for your spouse? What about indemnifying or holding the other spouse harmless? What about not causing harm to the other spouse? Anything like that? Has the divorce been FINALIZED?

 

[linkouam]

Read further... is there anything in there about debts -- and not incurring debt for your spouse? What about indemnifying or holding the other spouse harmless? What about not causing harm to the other spouse? Anything like that? Has the divorce been FINALIZED?

I read through all pages and copies and I did not see anything stating that. The divorce has been finalized for almost three years now.

 

[justalayman]

I've tried that already and she won't budge.

then up the offer. I'm betting she won't demand a penny over $350.


I know you are missing the humor implied. Basically, for this little bit of money it really is not worth doing much of anything if she refuses. Anything you do will cost you more than just framing the check and hanging it on the wall.

I read through all pages and copies and I did not see anything stating that. The divorce has been finalized for almost three years now.

it sounds like this:

The divorce papers state is "ordered and adjured that plaintiff is hereby awarded exclusive occupancy of the marital residence located at **************., together with its contents until further order of the court"

is from the preliminary order entered by the court when the divorce was first filed. You will have something direction the disposition of all assets involved in the divorce. Find that document.

 

[linkouam]

is from the preliminary order entered by the court when the divorce was first filed. You will have something direction the disposition of all assets involved in the divorce. Find that document.

Would this be it: "wherefore, plaintiff demands judgement against the defendant as follows: a judgement dissolving the marriage between the parties and exclusive occupancy of marital home"?

 

[Ohiogal]

Would this be it: "wherefore, plaintiff demands judgement against the defendant as follows: a judgement dissolving the marriage between the parties and exclusive occupancy of marital home"?

That is in a complaint.