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Money in Trust and Lawyer payment

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  • Money in Trust and Lawyer payment

    My exspouse has a crooked lawyer who is milking him of every penny of equity from the marital home. Just out of curiousity, how does this lawyer get paid at the end of the case? Money is currently in trust under my name and my ex. Would I have to consent to releasing the funds and him getting a nice cheque or does he just help himself with his grubby paws filing some form with the courts? Just curious about the logistics and how fast he would be able to cash in his lotto ticket.

  • #2
    He would probably invoice you ex. At some point you would have to pay your ex a portion (or all) the equalization funds which he would then pay his lawyer.

    Lawyer represents your ex, you have nothing to do with it.

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    • #3
      Like rockscan said... your ex will pay him with his share of the equalization... and if he doesn’t... well that’s between the ex and his lawyer... but no the lawyer can’t dip into your share


      Sent from my iPhone using Tapatalk

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      • #4
        I figured he could not dip into my share but was asking if he would be able just access the funds and pay himself without my ex actually writing him a check. This lawyer is a crook and I don't trust him.

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        • #5
          If its in trust and you both have to sign then no. The only way he could do that is if your ex controlled the whole trust and lawyer had signing authority.

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          • #6
            The only way a lawyer can access money in a trust account holding the joint proceeds if the sale of the matrimonial home is via a court order. He can not help himself to the money otherwise he could suffer severe consequences from the law society.

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            • #7
              By court order do you mean one obtained through small claims court?

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              • #8
                Family court order if the parties are separated or divorced and contesting whether or not it should be equally divided.
                Last edited by Stillbreathing; 10-24-2019, 10:03 AM.

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