Legal Question in Real Estate Law in Michigan

Failure to Comply with a Judge Order

Last November my brothers divorce was final. Him and his ex wife signed papers in front of a judge agreeing to each pay have the mortgage on their home until it sells. He recently recieved a letter from his ex wife stating she no longer will be paying her half. That she wants to get on with her life? During the divorce case the judge said, The only thing he did not see in writing is that if one of them chose to quit paying. He looked at both of them and stated that the one still paying could take the other to court to make them pay. So that is where we are at. Next Monday the 16th he is going to court. What kind of chance does he stand to win? The house is worth 102,000 and he can not afford to make the whole payment. She knows that. How solid is a judges word? Can't wait to hear your reply. Thanks


Asked on 4/11/07, 3:03 pm

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Failure to Comply with a Judge Order

If she is disobeying a court order, the judge can find her in contempt. Most likely, the judge will try to get the parties to work out something that is fair, or make a ruling that he believes is fair, or he can even appoint a receiver to manage the sale of the house if he feels the efforts to sell are not adequate.

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Answered on 4/12/07, 11:49 am


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