Legal Question in Family Law in Michigan

Lien on marital home while CP cohabitates

At the time of his divorce (4 years ago) my husband was awarded half of the equity in his marital home. His ex-wife could not afford to pay him his half, and so a lien on the home was generated. This lien is to be repayed upon the sale of the home, the emanicipation of his youngest child, or the remarriage of the ex-wife. The ex-wife has been engaged for a couple of years, and keeps putting off her marriage while her fiance lives in the house with her. He contributes financially to the ex-wife and the care of the home. So the issue is that this situation ''looks like marriage, smells like marriage''...would a court see this the same way? She is receiving the benefits of marriage without actually being married, all while not repaying the equity owed to my husband. FYI...there are three children of the marriage, mother has primary physical custody (father has 150 overnights annually), and there is joint legal custody. Ex-wife's fiance spends the night when the kids are at the house.


Asked on 2/06/04, 9:44 pm

1 Answer from Attorneys
Timothy Trichler Timothy R. Trichler - Attorney and Counselor at Law

Re: Lien on marital home while CP cohabitates

Greetings; Unfortunately, his attorney did not include the language prohibiting cohabitation. This is quite common. Since I was not there, I can not say if this was discussed the they agreed to leave it out or it was just a mistake. It really does not matter, until she marries or one of the other conditions triggers the payment, he will remain 'waiting'. Hopefully, he has a fair interest rate on the lien. Thanks for the opportunity to be of service. Atty. Trichler; www.trichler.com; 616-457-5100.

Read more
Answered on 2/06/04, 10:09 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Michigan