Legal Question in Family Law in Michigan

Property Transfer after Divorce

My husband loaned his ex-wife $50,000 for house repairs and down payment on a new house just before they divorced. He also put his name on the loan so she would qualify. In the divorce settlement it states:

''Upon sale or transfer of said premises, Defendant shall be entitled to recieve, without interest, the sum of $50,000.00 Dollars, from the proceeds

of the sale. Defendant shall execute a Quit-Claim deed in favor of the Plaintiff for said premises.''

The ex-wife now has terminal cancer (she is not living in the house, but renting it out). She will most likely will the house to her teenage daughter (18 years old with a small child), or possibly someone else in her family. Will this constitute a 'transfer'? Will my husband be able to collect the money he loaned her, and also be removed from the loan?

This is taking place in Michigan, but both parties live out of state. The daughter does live in Michigan, but not in the house in question.

Thanks very much for any help!

--name removed--


Asked on 3/14/02, 6:27 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Property Transfer after Divorce

If the ex-wife will not now cooperate, I would jump on it before any more time passes and bring a motion in the circuit court to force the ex-wife to sign over the quit claim deed now and place it in escrow to pass to your husband upon her death. There may be other ways to address the issue. I would not wait until the death to see what develops. If you wish to discuss this matter further, call me at 248-353-9400. Bill Stern

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Answered on 3/15/02, 7:06 am


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