Legal Question in Family Law in Michigan

mortage payment

As my husband and I are considering a divorce, the question of how to handle the mortage title/payment needs to be addressed. Both our names are on the title and mortgage, he is going to keep the house and have the title in his name. As well as pay the mortage/insurance. Does he have to refinance? Is there a way to just take my name off the mortage?


Asked on 9/01/04, 1:47 pm

3 Answers from Attorneys
Jesse Sweeney Sweeney Law Offices, P.L.L.C.

Re: mortage payment

The judgment can address these issues, but feel free to call me it might be best to discuss this on the phone. 248.569.1900

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Answered on 9/01/04, 2:15 pm
William Stern William Stern, P.C.

Re: mortage payment

It sounds like you want to do a cut-rate divorce, which is fine. However, one of you should get a lawyer and the lawyer would owe the duty to that client. That way, the judgment could be properly prepared. There are various options. I am not being vague on purpose but there is more than one way to tackle a problem so you should get all angles. Get a lawyer. William S. Stern 248-353-9400

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Answered on 9/01/04, 2:40 pm
Blake Lipman Law Office of Blake P. Lipman

Re: mortage payment

This is a common issue that divorce attorneys who don't have a grasp of real estate law often get wrong. Yes, he would have to refinance the property. The divorce judgment will transfer ownership, but if the wife is a signator to the note and mortgage, she still has an obligation to make the payments and her credit will be adversely effected if the payments are late or are not made at all. For more info, please contact my office at (248)851-3171.

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Answered on 9/01/04, 2:53 pm


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