Q: During separation, Is my soon to be ex able to cash/deposit the proceeds from the sale of our home without my consent.
My wife of 30 years and I are getting a divorce. Mediation broke down and we are currently selling our house. She wants more than 50%. Without a mediation agreement in place, is she able to deposit or cash the check without my signature? I live out of state? I hope to have a mediation agreement in place but she is fighting me on this since she says it was her childhood home and deserves more... any suggestions on stopping the check until we work this out? Neither of us have filed at this point, we wanted an agreement in place before doing so. what are my options when she's not cooperating?
A: You and wife were living in Massachusetts correct? This is what I am assuming. Are you on the Deed? If there is no divorce complaint on file with the Probate Court, the closing attorney would make the check payable to the title holder. Your filing and serving a divorce complaint and summons on your spouse would have the effect of stopping any sale action as the automatic restraining order stated in the divorce summons provides, without at least a partial agreement to hold funds in escrow pending the parties' agreement or Court order or Judgment. You need counsel.
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