My wife and I are planning to divorce. The problem is that neither of us can afford to live alone and our debts are so intertwined between us (both names on everything) that splitting it would be impossible. We're considering a bankruptcy to simplify the process. I believe we make too much to... Read more »
Their may be an advantage to filing before a divorce, but your situation is too complicated and/or the facts too sparse for an attorney to advise you in an on-line discussion so I don't want to go into detail. You should consult with an attorney who handles bankruptcies.
My MIL offered us money to buy a house. She paid for it, and had us leave her out of all documentation. Then, tells us she took a mortgage out on her own home to give us the money, and wants us to pay it back. We felt trapped and paid payments. Now she is talking about “pulling our house”... Read more »
If this was a gift, you do not have to repay it. If it was agreed to be a loan, she is entitled to seek repayment. But, even if it is a loan, it is not secured by a mortgage on the house and although she has remedies available, those remedies do not include "pulling" your house. If you applied...Read more »
You have not provided enough facts for me to be able to determine whether you have a basis to sue anyone. However, if you claim that the lease was breached by the landlord, your claim would be against the landlord, whom your refer to as "owner LLC", and not against any of the landlord's agents,...Read more »
If you gave an engagement ring to your fiancée and she pawned it, that would be an anticipatory repudiation of the contract for marriage. Under Michigan law, the gift of an engagement ring is a conditional gift, so if you find it in a pawn shop, you can claim to be the owner. In other words, I...Read more »
My Judgement of Divorce from a year ago states that our home has to be sold immediately as of Jan 1, 2019. My wife tells me she has listed it for sale but I can find no evidence that this is true. She will not give me the name of the Realtor that she used so that I might verify what she says.... Read more »
I took over payments on my parents house, and they added me to their mortgage in February of 2017. I paid their payments (to them and then they paid their mortgage) for a year. In February 2018 they signed a quit claim deed and I refinanced the house to remove their names and have the loan in my... Read more »
Not easily. A judicial procedure, such as partition, could “remove” you from the deed. And if ownership is joint, your death would vest title in the survivor. But a co-owner cannot simply “remove” you from ownership.
Title insurance is not a legal requirement, like liability insurance for the operator of an automobile. It is customarily charged to the seller because it is the seller that may be providing to the buyer a warranty of title.
You may owe the rent, but the fact that they did not try to collect it for four years may give you an argument in court that you should not be immediately evicted. Is there a written lease? Consult with an attorney and provide him or her with the lease. There is not a simple answer to your...Read more »
This is possible, but don't try to come up with the language on your own. An attorney could advise you as to the proper language to use. Have an attorney advise you as to the entire transaction if you are not certain how exactly to do it.
The contract mentions benefits to heirs but we have seen no Letters of authority. The person only passed away on 11/26 but heirs have been in property(they got keys from Fathers body as he died in the building) and say they plan to change the locks tomorrow 12/6 This contact was never registered... Read more »
The administrator of the estate of the buyer, or his proper heir, would presumably have the right to take over the purchaser's interest in the land contract. (Is there anything in the land contract that prohibits assignment of the purchaser's interest?) Rather than to try to write a...Read more »
My neighbor who has placed many Arborvitaes along our adjoining fence line along with a spruce tree. all plants have exceeded between 10' to 20' in height. Can I hire Landscape company to come and trim up to 20' high vertical from our adjoining fence vegetation only what is encroaching on my... Read more »
the account are not mine. The deposits are direct deposits from his employer. Do I have to prove all transactions associated with the account are not mine or just the contributions made to the account?
Michigan law permits you (or the owner of the funds) to establish ownership. See Danielson v. Lazoski, 209 Mich App 623 (1995). Someone needs to act quickly to object to the garnishment or otherwise assert rights as to the funds. You should consult with an attorney.
Good question. The answer may have to do with tax refunds. If you regularly receive refunds, the best day to file may be just after you have spent your refunds. There are a lot of competing considerations, but that's my candidate for a seasonal factor.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.