Is it illegal for my ex husband to cash a refund check for a house that belongs solely to me?

UPDATED: Oct 1, 2022

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Is it illegal for my ex husband to cash a refund check for a house that belongs solely to me?

Our divorce was final more than a year ago, and the house is my possession, per
our divorce decree. I refinanced the home, also per our divorce decree, last
month. The old mortgage company issued a refund of the escrow account in a check
made out to both of us, but sent it to his old address, not mine. He deposited
the check into his account. Does he have any legal right to this money? What
legal papers would need to be filed to get it returned to me?

Asked on August 30, 2018 under Family Law, Colorado


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

Answered 4 years ago | Contributor

So you refinanced the house out of his name and your and in to your alone, as per your divorce?  Or did you refinance still using his income too?  From the bare facts you have alleged it seems he has breached the settlement agreement which is a contract, and your rights stem therefrom.  But I would talk to your lawyer and explain all the details of the transaction.  On the surface it seems you would be entitled to half and he forged your name.  But I think it may go deeper than that.  Good luck.

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