Legal Question in Real Estate Law in Michigan
divorce and real estate settlement
My sister and husband are divorcing after 25 yrs., three children, two of which are at home. He has credit cards in his name only, wants to buy her out of the house, but says he won't pay for the youngest child's college. Is she liable for credit card debt? Also, what are the chances of recovering court costs from him? What's the normal procedure re real estate in a case like this? Her attorney is also telling her he may have to go to court, and is asking for a co-signer. Is that usual? Thank you
1 Answer from Attorneys
Re: divorce and real estate settlement
Normally in divorce, the parties pay their own attorney fees and agree via mediation on the division of debts and assets. Typically, it doesn't matter if the credit card was in one spouse's name only if the property was used for marital purposes.
College payment is not typically something that is settled in divorce matters because that is not a legal obligation of any parent.
Attorneys will ask for some assurance that they will get paid and this may be a cosigner. Not all attorneys do this, but it is understandable with clients who may have difficulty paying. Your sister does not have to use the attorney if she is uncomfortable with having a cosigner. She can shop around as for example, I do not require a cosigner and work with my clients on payments they can afford.
If you would like further assistance, please contact me at www.lawrefs.com.
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