Waterford, MI asked in Real Estate Law for Michigan

Q: Does my ex-wife have the right to list for sale our jointly held real estate property without my involvement?

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. Someone else has told me that it would be illegal in Michigan for her to list without my signature let alone sell since the property is jointly held. I need to know if there is any legal action I can take.

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2 Lawyer Answers

Thomas. R. Morris

Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: If you cannot find evidence that the property is being marketed for sale, then the marketing is not effective.

If you are still a co-owner of the property, her entry into a listing agreement won't be effective. You would not be obligated to sell the property were a buyer to be found. However, the court might order you to participate in a sale.

You should consult with the attorney who represented you in the divorce, or hire an attorney who can take into consideration the judgment of divorce.

Your ex-wife could theoretically "list" the property for sale ("listing for sale" being a somewhat imprecise concept), just like I could theoretically "list" the Brooklyn Bridge for sale, but this is just trivia. You need to discuss your overall situation, and your expectations and goals, with an attorney.

1 user found this answer helpful

Thomas. R. Morris

Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: Additional answer: The judgment of divorce probably resulted in the property being owned by you and your ex as tenants in common, so it is probably no longer jointly owned.

1 user found this answer helpful

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