Q: Regarding "client trust accounts" set up in divorce situation by one attorney representing the other.
I'm in middle of divorce. Mediation fell through. My spouse has an attorney now advising her but not officially representing with substitution of attorney with the courts. I am not represented. The attorney representing her proposed moving the funds from the sale of our family home from escrow into a "client trust account" managed by her. Again this attorney represents my spouse, not me. Is this safe?
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- California
- (916) 704-3009
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- Answered
A:
Under California law, the proposal to move the funds from the sale of your family home into a "client trust account" managed by your spouse's attorney raises concerns about impartiality and security. Client trust accounts are typically used to hold funds on behalf of a client, and having your spouse's attorney manage these funds could lead to a conflict of interest.
It is important to ensure that any financial arrangements during a divorce are handled transparently and fairly. Since the attorney representing your spouse is not officially your representative, it might not be in your best interest to agree to this arrangement without seeking independent legal advice. You should consider consulting with your own attorney to protect your rights and ensure that the funds are managed impartially.
Additionally, moving the funds to a neutral third-party escrow account, where both parties have equal oversight, could be a safer alternative. This way, you can avoid potential conflicts and ensure that the funds are distributed fairly according to the divorce agreement. Taking these steps can help you safeguard your financial interests during this process.
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