Legal Question in Family Law in New York

do I have to sign over the escrow check to my ex?

In my divorc I allowed my husband to take the house (domestic violence situation & just wanted out). I didn't know I would remain on the mortgage (didn't have attorney). He wont refinance to release me from the mortgage & the mortgage company won't release me because of my ex's debt to income ration. He was just ordered to send me $900 in medical arreas for the children. My attorney received a letter from his attorney as ''proof'' of payment to support collection. He also enclosed a check from our escrow account made out to both of us. I refuse to sign it until he gets my name off the house. When we were in court recently for arrears his attorney made a statement of me signing this check, I said that I would sign it upon release of liability of the house. What can the courts do to me if I refuse to sign this? I have ALWAYS done as they said to do and have been more than fair, while my ex has broken every order (15+) the court has written and never been punished. I want to know if I can get in trouble for it. I have not received a copy of the order from our last court date, but I don't believe that it's written in the order that I must sign this check.


Asked on 12/08/03, 3:11 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: do I have to sign over the escrow check to my ex?

Are you represented by an attorney?

Has he made a list of the violations of your ex?

Have you discussed a motion for 'sanctions' (punishing him for violating court orders) against your ex?

This escrow account sounds quite interesting. What is the source of the money in it? Is it a joint account? Was this account given to him in the divorce order? If not, perhaps you can withdraw money from it as well.

It sounds like you have options, you just need to decide how to proceed. A meeting with your lawyer may resolve this for you.

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Answered on 12/08/03, 3:27 pm


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