Legal Question in Family Law in Michigan

Quit Claim Deeds

Recently quit claimed marital home over to ex husband with pretense it would be refinaced within a certain time period. The mortage is still in both names and he is not paying it and ruining my credit. I can I reclaim this property?


Asked on 9/09/08, 11:04 am

2 Answers from Attorneys

Wendy Alton Fausone Bohn LLP

Re: Quit Claim Deeds

This would depend on the language of your Divorce Judgment and what the agreement was regarding this property. You may have some options to enforce the settlement provisions, but you cannot "reclaim" the property unless he agrees to quit claim the property back to you. However, you should proceed in any of these situations with caution, as they have tax ramifications also. www.altonlawfirmplc.com

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Answered on 9/09/08, 11:15 am
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Quit Claim Deeds

If the divorce judgment states that he must refinance the mortgage, then you can go to court to enforce that provision of the divorce agreement.

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Answered on 9/09/08, 11:34 am


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