Legal Question in Family Law in Michigan
Does ex-wife's bankruptcy affect debt to me from marital residence?
In my 1993 divorce, my ex-wife was allowed to retain our house. I signed a quit claim to the deed. As spelled out in the divorce decree, I am to receive a set amount of money under any of the three following circumtances: a)she sells the house, b)she dies, c)our youngest child turns 18. A copy of the divorce order is on file at the register of deeds office.
Condition c occurs in June 2006. I recently found out that my ex filed for bankruptcy two years ago. Will this have an affect on the amount she owes me?
2 Answers from Attorneys
Re: Does ex-wife's bankruptcy affect debt to me from marital residence?
She still owes you the money IF your divorce lawyer properly drafted your judgment of divorce. If not, feel free to call me at area code five one seven, eight, eight, six, one thousand.
Chuck Kronzek
Re: Does ex-wife's bankruptcy affect debt to me from marital residence?
It would seem to me that the fact that you did not know of the bankruptcy would indicate that she did not list you as a creditor, meaning that she is not discharged as to what she owes you. William S. Stern