Legal Question in Civil Litigation in Michigan
Promise to Pay
During the process of a divorce, we sold our home. The divorce decree called for the proceeds to be split 50/50. My ex-spouse wanted to accept an offer that I felt was too low and I didn't want to accept. In a hurry to sell, he offered to pay the difference between the asking and the selling price. He wrote out and signed a note saying he would pay a specific dollar amount within 7 days of close. Now he has changed his mind. Do I have any recourse?
1 Answer from Attorneys
Re: Promise to Pay
Sure. I assume the deal to sell the house is still on. Immediately go to court and have the judge issue an order placing the part of the proceeds that are in dispute into an escrow account pening a full hearing. The court will then set up a full hearing to determine whether he should be bound by the agreement. A lawyer may work with you on the fee and take his/her fee out of the proceeds, if any. If you wish to discuss this further, contact me at 248-353-9400 or write me by email. Bill Stern