Legal Question in Family Law in Michigan

Enforcing Divorce Stipulations

I Live in the State of Michigan and have been divorced for nearly a year.As a part of our divorce settlement,my ex-wife is re-quired to have the house she recieved refinianced in order to take my name off the mortgage.If she fails to do so,what are the options I have with-in the legal system to force her to abide by the agreement?


Asked on 8/14/01, 4:08 pm

2 Answers from Attorneys

John C. Talpos Talpos & Arnold

Re: Enforcing Divorce Stipulations

I have received yourpost regarding enforcement of a refinancing provision. Domestic matters is one of this firm's areas of concentration. You have the right to return to the trial judge and ask him/her to require the house to be sold. That will allow you to receive any equity you have in the house and also payoff the underlying mortgage. If you need further assistance feel free to call me or my associate, Helene Phillips. Good Luck, John C. Talpos (http://www.Mich-Lawyer.com)

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Answered on 8/15/01, 4:37 pm
William Stern William Stern, P.C.

Re: Enforcing Divorce Stipulations

The usual method of enforcement is to "show cause" the wife to bring her before the judge to have her explain why she fails to abide by the judgment. The court has the option of allowing her more time to refinance, fining her and ultimately, imprisoning her if she keeps "thumbing her nose" at the court. In other words, the courts usually keep applying additional pressure until she complies. If she absolutely refuses to comply, the court has the option of signing over her interest in the house to you. there are lots of options.

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Answered on 8/19/01, 11:11 am


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