Can I request the profit check be written in 2 separate checks?

Me and my fiance bought a home together, both names on the loan and title. We have since split but we’re never married. The check for our profit came as one check with both names on it and she is holding my half from me can I contact the realtor and require them to issue 2 splits checks one to her and one to me?

Asked on March 25, 2017 under Real Estate Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

While you can ask them to reissue, they do not have to do so. They have done their job by issuing the check: if you and she have trouble with the distribution of it, that is not the realtor's problem. You most likely will have to file a lawsuit against her for your share of the money, possibly based on "breach of contract"--violating the agreement, even if only an oral one, between the two of you pursuant to which you both invested together and would share proceeds. You could also base it on conversion, which is a form of theft--keeping or taking money which came into your possession but which belongs to another.

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