Cash for keys debate

[UNI4790]

There seems to be a split decision between lawyers, real estate agents and the sellers involved, so I thought I would throw it to the experts and see what y'all think.

 

My boyfriend filed for divorce and at the first hearing, the judge gave him exclusive rights to the house and his ex was to move out. He allowed her to stay rent free for 60 days so that she could get her ducks in a row and find an apartment. After the mortgage rate adjusted and he was out of options for refinance, he decided to list the home as a short sale. It finally closed last week after a year on the market and they wrote a $3000 "cash for keys" check. (Their divorce is not final yet due to a custody disagreement) Even though she hasn't been living in the home for over a year and he has a judgement stating he got to keep the house (they were both on the loan) the title company wrote the check out to both my boyfriend and his ex. According to his agent, he is supposed to split it. According to his attorney, he is entitled to the full amount. His ex is extremely angry and may try to file some sort of legal action (in addition to being verbally abusive) so he would like to know if he is obligated to split it or if he is entitled to the entire amount?

[Brian B The Loan Professor]

There seems to be a split decision between lawyers, real estate agents and the sellers involved, so I thought I would throw it to the experts and see what y'all think.

 

My boyfriend filed for divorce and at the first hearing, the judge gave him exclusive rights to the house and his ex was to move out. He allowed her to stay rent free for 60 days so that she could get her ducks in a row and find an apartment. After the mortgage rate adjusted and he was out of options for refinance, he decided to list the home as a short sale. It finally closed last week after a year on the market and they wrote a $3000 "cash for keys" check. (Their divorce is not final yet due to a custody disagreement) Even though she hasn't been living in the home for over a year and he has a judgement stating he got to keep the house (they were both on the loan) the title company wrote the check out to both my boyfriend and his ex. According to his agent, he is supposed to split it. According to his attorney, he is entitled to the full amount. His ex is extremely angry and may try to file some sort of legal action (in addition to being verbally abusive) so he would like to know if he is obligated to split it or if he is entitled to the entire amount?

This is a unique legal questions - laws will vary by state - I would seek legal counsel not sure anyone here will know the answer.

B

[Klesko]

Split it and be done with it.

[luckydriver]

if her name was on the house 'today' then id say she gets half. and him keeping the house alone doesnst sound like the proceeds of the sale were addressed, which of course was a bad bad thing now that this came up.