Legal Question in Family Law in Michigan

Dispute with terms of divorce and implied consent in land contract

My wife and I agreed to an uncontested divorce a few years ago. Part of the settlement was she could continue to live in the marital home but I would own 45 % of it. If she rented the house she was required to pay me half. Her boyfriend moved in and began paying her rent approx 1 year after the divorce. Also she rents the home for 1 month every summer for approx. $12,000 and has so far received approx $50-$60m and another $30,000-$40,000 from the boyfriend. I reminded her on two occaision early on regarding the agreement in our divorce but made no attempt to collect the money..

In late 1999 her boyfriend bought my 45%by land contract @7% for 15 years. A year later he came back and wanted 6% over 10 years. He has now sold the contract to my exwife and in once again paying her rent. Now she wants me to reduce the interest rate again or says she will pay me off.

If she pays me off can I go after some of the rental $ she's received. Do I have a problem with implied consent by virtue of not actively seeking the rent money? She never volunteered the money and I never turned it down.

Thanks


Asked on 6/24/03, 1:29 am

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Dispute with terms of divorce and implied consent in land contract

Hmm. That's an interesting question, but one that cannot be answered on the BBS.

You need to have someone walk through your divorce and the financial paperwork associated with the home.

You certanily still have a right to get that back rent if the judgment of divorce was clear that it had to be paid and you didn't have to ask for it.

For that amount of money, you definitely should have counsel take a look at it. Since your attorney may be called as a witness, you'll need another lawyer to litigate the case for you if your attorney can't negotiate the payment for you.

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Answered on 6/25/03, 11:28 am


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