Legal Question in Family Law in Michigan
Encumbrance
On page 10 and 11 of my recent divorce judgment it states that it is ordered that the marital premises shall be held by the parties as tenants in common, and that Plaintiff shall cause no further encumbrance against the property without consent of defendent.
It then further reads as follows: ''It is further ordered and adjudged that the Plaintiff (me) shall have the right to purchase Defendents interest (in property) within 90 days from and after the date of entry of this judgement'' (Aug 15, 2002)
Since I am allowed to buy him out (amount is 25,000) I added 15,000 to an existing home equity loan and combined it with 10,000 I had in my accounts.
My ex-husband has now filed a motion claiming that I encumbered the property. My question is: If I got this loan to pay him off, why would it be an encumbrance?
1 Answer from Attorneys
Re: Encumbrance
The court is a court of equity. It will look through the ridiculous argument of your husband and allow the buyout. The better thing to do would have been to encumber the property at the closing. Bill Stern
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.
