Legal Question in Family Law in Michigan

House after divorce

My divorce was finalized in June 2006 and my ex wife received the house. We owed more than the market value on the house so we didn't sell it before the divorce. The agreement was that she would either refinance the house by my daughter's 18th birthday( Sept. 2008) or put the house up for sale until it sold if she could not refinance. She defaulted on the mortgage payments and the house was taken by the bank. I signed a quit deed as part of the divorce but could not get my name off the mortgage because she could not refinance. My question is; what are my legal rights? She received $18,000 from my 401k. I want to sue her for leaving a $170,000 black mark on my credit. Do I have a case?

Thanks,

John


Asked on 5/08/07, 1:15 pm

2 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: House after divorce

This is the dangers of poorly settled divorces. You have to go back to the divorce court, and get this sorted out. The division of MARITAL assets sounds like it was fair at the time,--at least that's what everyone agreed.

A default is not final until they take the house, so it's apparently in your best interest to make sure that doesn't happen and sort out the blame later.

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Answered on 5/08/07, 2:38 pm

Re: House after divorce

Your attorney may be able to get you some relief from the judge. You shouldn't waste any time in moving forward with your claim.

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Answered on 5/08/07, 4:24 pm


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