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Broncofan0789
Jun 14, 2013, 05:46 AM
Hello. My ex and I got divorced in Dec 2007 with an agreement that he would continue making the house payments until our daughter graduated and we would sell the house and split the money. We live in Missouri. I moved out that year and she graduated 2 years later. Well, we all know the housing market in 2009. He ended up getting foreclosed on with the Bank of America refinancing scandal.
We have relatively gotten along since the divorce. He was told that we would receive an independent foreclosure review check in both our names. He told me to fill out the paperwork and I could have whatever it was. I have been struggling the last five years and am now a student in college. My daughter and I recently rented a house and are still struggling. The check came to my house for $6000. Now all of the sudden he wants me to sign over the entire check to him because I couldn't financially help him with the house payments, I moved out and didn't help financially with our daughter during her last 5 years. Am I being a greedy person or is he playing me for a fool? Right now, I have the check and am not going to sign it over completely or partially until I hear from you gracious people.
He said he would give our daughter some to help her out with the rent, util, etc, but not give me any??

dontknownuthin
Jun 14, 2013, 06:00 AM
You should divide it according to your divorce decree. If that says you split it, that's what you need to do. If you owe him for other things, you should make separate arrangements to pay him. If he owes you for other things, he should make separate arrangements to pay you what he owes. As for money given directly to your daughter, you each have the discretion to gift her what you like but barring a court order, you don't get to decide on what each other give her for gifts.

joypulv
Jun 14, 2013, 06:26 AM
It was sort of covered by the divorce... with variations. I would say you each get half. But we don't know what other parts of the decree you each defaulted on.
I take it that the check is in both your names.
Your only (good) solution is to meet in person at a bank branch it was written on to cash it together.
Barring that, you meet at your bank or his to cash it, but one of you has to have 6K in your account or you can't cash it. It has to be deposited and cleared, about 3 to 5 days.
Barring that, one of you has to deposit it and trust the other to give half!
You are both at a standoff, because neither or you can get any money at all without the cooperation of the other.

Fr_Chuck
Jun 14, 2013, 07:00 AM
Let me see, agreement, you live in house and make payments, but you did not do that.

So he feels you owe for the payments you failed to make.

He told you, at some point, you could just have the check, but now has changed his mind.

Sounds like everyone is changing the deal,

I would say look at what divorce said about all money that was to be paid to each other, write it down and see if one owes the other