Legal Question in Family Law in Michigan
Divorce
My divorce was finalized in December 07. My name is still listed on the mortgage. My Ex-Husband re-married on Friday, July 25th. He said he can't refinance, as there is no equity. Is there anything I can do to get my name off this? In the Divorce Decree, it does say he is responsible.
3 Answers from Attorneys
Re: Divorce
Was there a time frame specific in the divorce judgment as to when he had to have your name off the mortgage? There should have been, and if not, you lawyer made a mistake. You will have to file a motion with the Court to have that portion of the judgment enforced, so that he can at least TRY to refinance or get your name off the house. The fact that he may not qualify or that the house declined in value due to the market should not be an excuse - it is his duty to get you off the house, and should not be your problem.
If you are required to take this to court, make sure you request reimbursement for your costs due to his violation of the judgment.
Re: Divorce
You need to sign a quit claim deed to the house and file it with the register of deeds. You and your ex as a couple need to quit claim to him and new wife. That should take care of it. You can order the form on-line. Good luck.
Re: Divorce
You can file a motion to enforce the judgment of divorce.
I would recommend you hire a family law attorney.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
