In a divorce, the house was sold, and the proceeds were supposed to be split 50/50 between the spouses. The house sold back on August 11, and $20,000 was given to each spouse at closing. Around $36,000 is still left for each person after bills, but the wife’s lawyer is holding the money in trust and hasn’t released the remaining amount to the husband as of October 25. The lawyer claims they are concerned about how the husband might use the money. What can the husband do to get his share?
If there’s a court order for a 50/50 split, he can file a motion to enforce it. That’ll get things moving.
Jasmine said:
If there’s a court order for a 50/50 split, he can file a motion to enforce it. That’ll get things moving.
Thanks. Does he file the motion against the lawyer holding the trust or someone else?
@Jalen
It’s filed against the other party, so in this case, the wife. But he can mention the lawyer’s actions in the motion.
Three months feels like a long time. Any idea why the funds might still be tied up?
Willoughby said:
Three months feels like a long time. Any idea why the funds might still be tied up?
There could be valid reasons, like unresolved bills or legal checks, but it shouldn’t drag on this long without explanation.
Willoughby said:
Three months feels like a long time. Any idea why the funds might still be tied up?
Good to know. He hasn’t gotten any updates, so maybe it’s time to push harder.
He should contact a local attorney to help file the motion. That’ll make sure everything is done correctly.
Gemma said:
He should contact a local attorney to help file the motion. That’ll make sure everything is done correctly.
Yeah, that’s what we’re planning to do. Hopefully, it doesn’t take too long once it’s filed.
@Jalen
It usually moves faster once it’s in court. Just be prepared with all the documents.
It’s weird that the lawyer is holding the money because of ‘concerns’ about how it’ll be spent. Isn’t that overstepping?
Fife said:
It’s weird that the lawyer is holding the money because of ‘concerns’ about how it’ll be spent. Isn’t that overstepping?
That’s what we thought too. The money is his, so it feels wrong for them to delay it like this.
@Jalen
Exactly. That’s why filing a motion is probably the best move now.
If the lawyer won’t respond to emails, it’s a red flag. He should definitely take legal action to get this resolved.
Gwendolyn said:
If the lawyer won’t respond to emails, it’s a red flag. He should definitely take legal action to get this resolved.
He’s sent multiple emails and hasn’t gotten any real answers. It’s frustrating, to say the least.
@Jalen
Totally get that. It’s time to get a local lawyer involved to apply some pressure.