Legal Question in Family Law in Michigan

When to put house up for sale

I am near the end of the divorce process, but finalization is still months away. My wife, who is currently living in the marital home with our 2 1/2 yr-old, refuses to put the house up for sale. I left the house at her request and because I recognized that the tension was not good for our child; at the time I left, I was unemployed, but have since returned to work after being a stay-at-home father for 2 years. Therefore, my income was never required to make the mortgage/utility payments. She has demanded that I contribute financially to these costs, but rescinded that when I said that I would be happy to contribute only if I moved back into the house. I am currently living with my parents, and wish to have a place of my own. My wife has already stated that she cannot afford to stay in the house after the divorce and can't afford to buy me out anyway. My question is: what legal recourse do I have to put the house on the market? And is there any benefit for my wife to stay in the home until the divorce decree has been signed?


Asked on 4/26/05, 5:38 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: When to put house up for sale

That is what judges are for. If you want the house sold and she does not and can't afford to buy you out, the judge has authority to order the house be sold and to order a particular distribution of the proceeds. You may just have to go to trial. However, it sounds like you don't have a lawyer or else the lawyer would have told you the same thing. That is a big mistake. Get a lawyer who does family law. William S. Stern 248-353-9400

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Answered on 4/26/05, 8:28 pm
Blake Lipman Law Office of Blake P. Lipman

Re: When to put house up for sale

Don't you have a divorce lawyer? What is he/she doing? You can always ask the court to order the house be sold, especially if it appears that the ex cannot afford to remain in the home after the divorce. If the wife wants to keep the house, you should demand that the house be refinanced if the mortgage was obtained with you as a cosignor on the note. For more info, please contact my office at (248)851-3171.

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Answered on 4/28/05, 9:48 am


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