He won’t endorse escrow refund check? TX

[PiaffePonyTx]

I was awarded the house in our decree. The mortgage was in his name only but I paid the mortgage through out our separation and the year since our divorce was final. I just refinanced the mortgage into my name only and his mortgage company send the escrow refund check (in his name) to my address and he refuses to sign it over to me. I paid the bill, it's my refund.

How do I handle this?


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[army judge]

How do I handle this?

You can't make your former spouse endorse the check.

The judge who issued your divorce decree can order your former spouse to endorse the check.

Let's presume your former spouse wants to play nice and simply accedes to the judge's order and endorses the check.

However, you'll probably need to hire a lawyer to petition the court to hold a hearing on the matter.

You can talk to your divorce lawyer about your former spouse's recalcitrance.

Good luck.

 

[zddoodah]

If you believe you're entitled to this money and your ex won't sign it over (and assuming the maker of the check won't re-issue it to you), then your only recourse is to ask the court to order him to do so.

 

[Highwayman]

You also have to check with your bank to see if they will cash or deposit the check without your ex being physically present. I had a similar issue and when my ex finally endorsed the check my bank wouldn't touch because it was over a certain amount and she needed to be present.