State of KS - Long story short. When my wife and I were preparing to divorce, I WAS NOT on the title of the house. Her name appeared on both the mortgage and title. Since she wanted me and my kids to continue living here, she added me onto the TITLE ONLY using a quit claim deed. We recorded it and then I gave a copy to my insurance agent to make sure I was listed on the insurance.
Fast forward now to 4/3/11 when we had a hail storn here in KS. The insurance adjuster came by but said that the check was being made out to my ex and Bank of America since she was the only name on the title. I immediately called my insurance agent to find out what happened. He said someone goofed and never recorded my name onto the policy but they then added it. Without my knowledge. my ex found out about this and since she was the primary insured she had my name removed and the adjuster mailed the check out to her in Denver. With the understanding she was going to have Bank of America endorse it to her, she assured me all monies would then be transferred to me. Once she got the money she closed her account, shut off her cell phone and then had her mom call me to say I am not to contact her anymore. In other words, she was going to keep the money.
A week passed and I was able to get her to the phone. She said she was not going to give me a dime of the money directly. She said she had a friend who was in construction and that he would do all of the work. however, I know she does not intend to give him all of the money. In fact, I was already told she went on a shopping spree and bought a new phone, airline tickets, etcs. while all the time she is saying she has not spent any of the money.
I am going to allow this "friend" do all of the work but once it is all done, can I sue her to produce the records, receipts and checks written to this friend of hers? She already told me I would not be able to see what is paid but said every dime of the insurance money would go towards repairing the home. Of the $8700 I am aware she has spent 2k of it so about $6500 is left, which is what she will probably pay for the household repairs. My divorce decree states:
"Beginning with the October, 2010 mortgage payment, Gregg will be responsible for all future mortgage payments, HOA dues, maintenance of the property and any household related expenses."
But even with this clause I cannot force her to turn the money over to me. Any advice would be appreciated.
Fast forward now to 4/3/11 when we had a hail storn here in KS. The insurance adjuster came by but said that the check was being made out to my ex and Bank of America since she was the only name on the title. I immediately called my insurance agent to find out what happened. He said someone goofed and never recorded my name onto the policy but they then added it. Without my knowledge. my ex found out about this and since she was the primary insured she had my name removed and the adjuster mailed the check out to her in Denver. With the understanding she was going to have Bank of America endorse it to her, she assured me all monies would then be transferred to me. Once she got the money she closed her account, shut off her cell phone and then had her mom call me to say I am not to contact her anymore. In other words, she was going to keep the money.
A week passed and I was able to get her to the phone. She said she was not going to give me a dime of the money directly. She said she had a friend who was in construction and that he would do all of the work. however, I know she does not intend to give him all of the money. In fact, I was already told she went on a shopping spree and bought a new phone, airline tickets, etcs. while all the time she is saying she has not spent any of the money.
I am going to allow this "friend" do all of the work but once it is all done, can I sue her to produce the records, receipts and checks written to this friend of hers? She already told me I would not be able to see what is paid but said every dime of the insurance money would go towards repairing the home. Of the $8700 I am aware she has spent 2k of it so about $6500 is left, which is what she will probably pay for the household repairs. My divorce decree states:
"Beginning with the October, 2010 mortgage payment, Gregg will be responsible for all future mortgage payments, HOA dues, maintenance of the property and any household related expenses."
But even with this clause I cannot force her to turn the money over to me. Any advice would be appreciated.
