Legal Question in Family Law in Michigan

I was awarded the marital home in my divorce of 2008.I have since learned that my name is not on the mortgage note. I want to assume the mortgage and get my ex's name off the mortgage but the bank says it's not assumable. Do I have any legal right to assume the mortgage under Michigan law?

Asked on 3/19/12, 6:48 am

1 Answer from Attorneys

William Stern William Stern, P.C.

No. You take the title with the bank lien on it. The bank will hold your ex responsible for the payment. It is up to him to get his name off the lien. This is not unfair as when you got the home, you should have known the equity in it. What you can do is get an order that will notify you if your ex fails to meet the payment obligation on the mortgage. That way, you can protect your equity by paying the note.

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Answered on 3/19/12, 8:23 am

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