How Do I Get My Money From Her

[Joaquim4985]

I have recently separated from my wife. We had initially agreed on a separation agreement between ourselves which we both signed & had witnessed. We had agreed that we would split the equity in our home after all debts were paid off. This amounted to approximately $35,100.00 each when all was said & done. She refinanced our home & I bought another house. The idea was that after my closing costs were covered (approx. $27,400.00), I would receive the balance by cheque in the disbursements from her mortgage commitment. Her lender's lawyer issued a cheque of $28,800.00 to my lawyer on closing & never disbursed the remaining $6,300.00 to me. Instead issued the entire balance of the equity to her (approx. $9700.00). Now my wife is saying it is hers & is refusing to pay me my balance that we had agreed on. What are my options? Can I take this to small claims court or do I have to sue her? If I sue her, how much of the $6,300.00 would be left for me?

[billm]

Is she saying why she is not giving it to you?

[Joaquim4985]

She says that because the lawyer issued it to her, it belongs to her.

I have been trying to discuss the mistake with lawyer & he says it is not his problem & that I have to discuss it with her.

[billm]

Originally Posted by Joaquim4985

She says that because the lawyer issued it to her, it belongs to her...

Well anyone can see that makes perfect sense

(yes sarcasm intended)

[Joaquim4985]

It does in her mind. The problem is that it has been over 3 weeks that she has had my money. By the time this gets resolved it's anyone's guess what will be left.

Can the lawyer that issued her the cheque do anything to make her give me my money?

Can I file a claim in small claims court?

[first timer]

File your agreement in court. Then file a NFP and show what amount is still owing to you.

[Joaquim4985]

What is "NFP"?

[first timer]

NFP: net family property