Legal Question in Family Law in Michigan

Legal Debt Obligation in Divorce
My x-husband and I had 2 houses, joint ownership. He was awarded one, I the other. The divorce papers state that quit claim deeds shall be filed and that ''the Defendant shall hold the Plaintiff harmless from any debt, mortgage, liens, taxes or insurance associated with the property''. Further, that the ''Defendant shall at, her option, sell said property and retain all net proceeds therefrom or refinance said property, within 60 days, so as to release Plaintiffs VA benefits from the current mortgage.'' He has sent a letter to the Mortgage Company,as well as the divorce decree and a copy of the quit claim deed. He has asked that his name be removed from the mortgage note. He argues that, because of the wording in the divorce decree, he is not liable for any more mortgage payments. I have told him that there is a big difference between court papers and a legally binding agreement with the bank....that he is still responsible until I sell the house (refinance is not an option...I do not qualify financially on my own). Is it possible for him to accomplish removing his name from the mortgage note?

Asked on 3/30/06, 5:16 pm

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Re: Legal Debt Obligation in Divorce

He can't remove himself from the note without the bank's permission. You should have your attorney invovled in this.

Answered on 3/30/06, 9:35 pm

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