Legal Question in Family Law in Michigan
my ex husband is taking me to court to get his name taken off the mortgage for the house me, my new husband and the kids are living in. What is the judge likely to do? we're willing to try and sell, but it most likely will not sell and we'll end up letting it go into forclosure....
2 Answers from Attorneys
It isn't possible to answer that questions without MUCH more information. However, you should have an experienced family law attorney representing you.
www.MidMichiganDivorce.com
You ex's name will not be taken off the mortgage because he contracted with a bank to borrow the money on the house. The bank is not a party to your divorce and cannot be forced to remove his name from the mortgage. Your divorce judgment should have addressed who is ultimately responsible for the home loan. If the judgment is silent on the issue, then the judge should not impose additional terms into the judgment.
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