Legal Question in Family Law in Michigan

Sale/transfer of property after divirce

Before his divorce(1996)from his ex-wife, my husband loaned her $50,000 for repairs and a down payment on a new house. He also put his name on the loan so she would qualify, but only her name is on the mortgage. In the divorce paperwork it states ''Upon sale or transfer of said premises, Defendant shall be entitled to receive, without interest, the sum of $50,000, from the proceeds of the sale. Defendant shall execute a quit-claim deed in favor of the plaintiff for said premises.'' The wife has since moved from the house and has been renting it (my husband took that issue to court to challenge rental as a 'transfer', but lost.) The wife now has terminal cancer and has moved her daughter into the house. If she wills the house to the daughter, as we expect, will that constitute a 'transfer'? The paperwork from the rental case states ''It is further ordered that the net procedes after closing costs and payment of prior leins upon the sale of the referenced real property be escrowed to be dispersed pursuant to the terms of the Judgement of Divorce; It is further ordered that the court specifically reserves the issue of a deficency payment to plaintiff by defendant, should there be any.'' Thank you!


Asked on 4/30/03, 11:02 am

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

Re: Sale/transfer of property after divirce

File the judgment of divorce, containing the legal property description. This should take precedence over the will, as the will will be a transfer at the time of death, but the property will have been transferred by the prior judgment of divorce. Bill Stern 248-353-9400

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Answered on 4/30/03, 2:22 pm
Mark Snover Hauer & Snover

Re: Sale/transfer of property after divirce

you have a conflict in your question; you first said your husband was on the loan but not on the mortgage- those are the same, did you mean your husband was not on title? Either way, the JOD provided upon transfer your husband was to get $50,000, a transfer to an heir should qualify to allow for your husband to collect the $50K. Was there no timeframe which she had to pay him his $?, hard to believe knowing he wasn't getting any interest on his $50K, if you would like please call me at 248-258-0800 so I may be more precise in my answer, or so I may answer any of your other questions

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Answered on 4/30/03, 2:23 pm


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