Should I be entitled to half of a mortgage escrow?

I am making mandatory child support payments weekly, and voluntarily paying her an extra $38 a week so she could afford to keep the house/mortgage without defaulting on it and hitting my credit. At closing we each agreed on an amount that we would have to pay (as the house was sold at a loss). 3 weeks later she received an escrow check from the mortgage company. Stated in our divorce agreement is the following “It is the intention of the parties to equally divide the net equity in the house upon sale and after the payment of certain agreed upon debts listed below….”.

Asked on July 16, 2012 under Family Law, Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Thank you for quoting the text here that you think applies but really the whole document needs to be reviewed.  My gut instinct here, though, tells me that if the check represents the sale of a joint asset that you each took responsibility for then any funds that come from the sale should be divided in accordance with the agreement.  Ask your attorney in the divorce.  Good luck. 


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