Legal Question in Real Estate Law in New York

real estate closing

my husband and I are selling our home and the title is in both our names. I would like to deposit 1/2 the proceeds from the closing in my own bank account. Is it legal to request that separate checks be written for me and my husband at the closing, or could 2 checks be written in both of our names, each one for 1/2 the proceeds ?

If legal, do I need to discuss this before the closing with the attorney ?

Thank you !


Asked on 2/25/09, 7:45 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: real estate closing

Q. Is it legal to request that separate checks be written for me and my husband at the closing, or could 2 checks be written in both of our names, each one for 1/2 the proceeds ?

A. Yes. You may have the checks written any way you want.

Q. If legal, do I need to discuss this before the closing with the attorney ?

A. Yes, since the purchaser needs to know before the closing how the checks will be paid. Remember, the purchaser should be purchasing the home with a bank check.

Mike.

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Answered on 2/26/09, 9:02 am


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