Can my ex-spouse’s attorney keep in his possession a refund check from our mortagage company and hold it until I do something that he believes I should do?

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Can my ex-spouse’s attorney keep in his possession a refund check from our mortagage company and hold it until I do something that he believes I should do?

The attorney sent me a letter stating ” Incidentally, I have in my possession the refund check from (mortgage co.) in the amount of $1,206.93 made payable to both (my name) and (ex spouses’s name). As soon as the (my retirement fund) retirement funds have been transferred to (ex spouse), I will have the endorsed check given to you.” There is no court order in our divorce decree giving anyone the authority to hold a check issued to my ex and I. Divorce was done with paralegals and we have not gone to court yet.

Asked on August 15, 2012 under Family Law, Arizona

Answers:

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

Answered 8 years ago | Contributor

Sounds like the attorney is attempting to play hard ball with out really any right to do so. I would send the attorney back a letter advising that you are in receipt of his letter and that you wish your half of the funds disbursed to you with in the next 10 days or you will have no choice but to seek help from the courts and the local Bar Association.  See how quickly those funds are in your hands.  Good luck.  


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