Legal Question in Family Law in Michigan
Responsibility for any deficiencies in selling of property
The original judgement of divorce states that my ex gets the property if he remortgages in 90 days which, in turn, takes my name off of the mortgage. However, he was unable to remortgage and has been late on house payments and noncompliant with all aspects of the judgement of divorce. We are going back to court to order a receiver to sell the marital property. If there is any deficiency left after the sale of the home, is there a way I can avoid being responsible for it (including any kind of release from the mortgage company)?
3 Answers from Attorneys
Re: Responsibility for any deficiencies in selling of property
You should walk through each aspect of this with your lawyer. Make sure YOURSELF, though, that the judgment that comes out of it separates you from the mortgage and the title.
Your Ex has purposely, probably, tainted the sale of the house by increasing the lien held by the bank, so you need to make sure that that is accounted for in any redivision of marital assets.
Try to get cash next time, not debt.
Re: Responsibility for any deficiencies in selling of property
Even if the house was sold when it first could have been, if there was a deficiency, between you and the mortgage company, you would have held equal responsibility. The true question is, can you make you spouse "hold you harmless" for the deficiency that you claim is the result of his delay. If you want that to happen, you may have to reopen proofs and have a trial on that issue.......a potentially expensive way to handle it. Bill Stern 248-353-9400
Re: Responsibility for any deficiencies in selling of property
Who is responsible for the deficiency depends on what the JOD says; if it is void of any language re: this we must look to the facts in your case-- I would need to speak to you , if you wish please call at 248-258-0800, Mark Snover
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