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Split the escrow refund ?

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M

mike0470

Guest
Split the escrow refund? *OPINIONS* please!

What is the name of your state? Texas

If two people split the mortgage payment for over a year, and the following year there is a refund from a surplus in escrow, should the refund be split even if the house is in the name of only one of them? This seems obvious to me, and I want everyone's opinion.

The situation: In a step towards a relationship, M moves into R's house in Aug 2001 and immediately both share the responsibility of all bills. In particular the house mortgage payment ($330) is split 50-50. The house is in R's name only. There is no written "rental" agreement as both M and R are in a long term relationship.

In Spring 2002 the mortgage payment goes up to about $450, and so both parties continue to split the payment. One year later, in Spring 2003, the mortgage payment is reduced back to a little over $300 and, in addition, $1200 is refunded from escrow, presumably from a miscalculation the previous year. But by this time, the relationship is over, yet M continued to live with R and pay half. R feels that the refund is entirely his, his logic being that he is the sole homeowner. M believes that he is entitled to $600 dollars, reasoning that he overpayed the escrow fund for that one year just as much as R did. Ethically speaking, what is the right thing to do in this circumstance? Should R have given half the refund? Since there was never any written rental agreement, there may not be any legal recourse. But I am looking for the ETHICAL answer.
 
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alchemist

Member
one person's ethics are completely different than another's. While you and i believe it would be ethical to split it, your ex might personally have ethics that honestly rationalize him keeping it.
 

Souix

Senior Member
Re: Split the escrow refund? *OPINIONS* please!

mike0470 said:
What is the name of your state? Texas

If two people split the mortgage payment for over a year, and the following year there is a refund from a surplus in escrow, should the refund be split even if the house is in the name of only one of them? This seems obvious to me, and I want everyone's opinion.

The situation: In a step towards a relationship, M moves into R's house in Aug 2001 and immediately both share the responsibility of all bills. In particular the house mortgage payment ($330) is split 50-50. The house is in R's name only. There is no written "rental" agreement as both M and R are in a long term relationship.

In Spring 2002 the mortgage payment goes up to about $450, and so both parties continue to split the payment. One year later, in Spring 2003, the mortgage payment is reduced back to a little over $300 and, in addition, $1200 is refunded from escrow, presumably from a miscalculation the previous year. But by this time, the relationship is over, yet M continued to live with R and pay half. R feels that the refund is entirely his, his logic being that he is the sole homeowner. M believes that he is entitled to $600 dollars, reasoning that he overpayed the escrow fund for that one year just as much as R did. Ethically speaking, what is the right thing to do in this circumstance? Should R have given half the refund? Since there was never any written rental agreement, there may not be any legal recourse. But I am looking for the ETHICAL answer.


**Some may say that since there was nothing in writing, then the other party is not entitled to half because presumably the other party was only paying rent, being that they are not on the mortgage. However, the Golden Rule states, "Do Onto Others, As You Would Have Them Do Onto You". So what is your decision now?**
 

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