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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.