Posted on: 20th Oct, 2010 08:07 am
my ex husband and i bought a house together before we we married. the mortgage was in both of our names along with the homeowners insurance policy.
my ex husband and i seperated in september of 2008 and the divorece was final in december of 2009. he signed a quit claim deed for the house that we purchased together. in july of this year i decided to change insurance companies and i was told that the bank already made the payment the the previous insurance company for the upcoming year. they said that i would receive a refund check approx. $500 and that i would use that money to pay the premium for the new policy. since the old policy was in both of our names we both had to sign the cancellation form. his name was first on the policy and the check (with both of our names) was sent directly to his new home. the insurance company said there was no record of change of address and it should have been sent to the house. well he cashed the check and spent the money.
he thinks that it is a refund from the first year premium that we paid when we purchased the house. he is thinking of it as a deposit that he should get back. i know how escrow works and in my understanding he is wrong.
my question: does he have a legal claim to that money since he signed a quit claim deed for the propery? i am willing to take him to small claims court if i have a case against him. please advise.
my ex husband and i seperated in september of 2008 and the divorece was final in december of 2009. he signed a quit claim deed for the house that we purchased together. in july of this year i decided to change insurance companies and i was told that the bank already made the payment the the previous insurance company for the upcoming year. they said that i would receive a refund check approx. $500 and that i would use that money to pay the premium for the new policy. since the old policy was in both of our names we both had to sign the cancellation form. his name was first on the policy and the check (with both of our names) was sent directly to his new home. the insurance company said there was no record of change of address and it should have been sent to the house. well he cashed the check and spent the money.
he thinks that it is a refund from the first year premium that we paid when we purchased the house. he is thinking of it as a deposit that he should get back. i know how escrow works and in my understanding he is wrong.
my question: does he have a legal claim to that money since he signed a quit claim deed for the propery? i am willing to take him to small claims court if i have a case against him. please advise.
Hi hortgirl!
Welcome to forums!
If the homeowner's insurance has both the names on it, then your husband will be able to claim the insurance refunds. You should immediately update the name and address to the insurance agent and rectify the matter so that from next time onwards you can get the money.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If the homeowner's insurance has both the names on it, then your husband will be able to claim the insurance refunds. You should immediately update the name and address to the insurance agent and rectify the matter so that from next time onwards you can get the money.
Feel free to ask if you've further queries.
Sussane