Legal Question in Family Law in Michigan

My divorce was final on Nov. 3, 2009. In the arbitrated decree, it was said that I will give half of the proceeds from the sale of our home in 2012, minus money that I've put into or paid on the mortgage. My question is, does my ex have a right to any proceeds if my name is the only name on the deed? My ex husband signed a quick claims deed approx. 5 years ago. The deed was filed in Oakland County at that time. I believe this information was given to my attorney and I'm trying to determine if my ex wrongly received rights to the proceeds. If so, what can be done to reverse that decision?

Thank you in advance for your assistance.

p.s I was represented during my divorce by an attorney in Clarkston, Michigan and it was suggested to me by family that I ask another attorney this question.


Asked on 2/15/10, 10:47 am

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Very simple answer. The deed is meaningless. The decree is binding and you agreed to split proceeds. The property you speak of is "our home" so it was properly split in the proceedings. Feel free to consult your own attorney, but I believe this to be correct based on the limited facts you provide. www.kliszlaw.com Tim Klisz

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Answered on 2/20/10, 11:54 am
William Stern William Stern, P.C.

The property was marital property, no matter what the deed said. That is why the arbitrator decided the case awarding the money upon the sale of the home. No one made a mistake. William S. Stern

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Answered on 2/20/10, 12:40 pm


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