Legal Question in Real Estate Law in Michigan

refinancing after divorce

Divorced 9 yrs. ago. I got house. Divorce decree states I am to pay an amount(equity) to ex. when I sell or refinance. 3 months after divorce ex.filed bankruptcy, discharging house, and not reaffirming. I have made all payments up to date. My name not on mortg. Ex did sign a quit claim deed that has been recorded. I am now refinancing. Am I oligated to pay him the sum stated in the divorce decree? If so, that amt. was a guess of equity, not using an official appraisal. Can it be changed?


Asked on 7/10/07, 12:27 pm

1 Answer from Attorneys
Renee Walsh LawRefs Nonprofit

Re: refinancing after divorce

You are obligated to the terms of the divorce judgment. You can attempt to change the terms, but there must have been fraud, mistake, duress, or something of that sort and you must take the issue up with the court.

In my opinion, based on the information you have provided, you do not have a strong case. The terms to which you have agreed are common in divorce cases, the parties to which are obligated to fulfill them.

(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)

If you have further questions or concerns, or desire more specific information, please contact me at www.lawrefs.com.

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Answered on 7/10/07, 1:35 pm


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