Grand Haven, MI asked in Banking, Civil Litigation and Real Estate Law for Michigan

Q: I had a joint mortgage with my ex wife. I was bought out for $40,000 (my half of equity) but she wont take my name off?

Had a joint mortgage with my ex wife and 2 years ago I was bought out ($40,000) and she was supposed to refinance and put the house in her name. 2 years later, she still has not refinanced and got my name off the mortgage. Now, every time she is late, my credit is dinged and to help my credit not take hits I have helped her make mortgage payments? What can I do legally to make her refinance the house?

2 Lawyer Answers
David Soble
David Soble
  • Business Law Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: Your next legal steps will be dependent upon the terms of the divorce decree. You may have to go back to court and motion the court to enforce the terms of the agreement.

Kenneth V Zichi agrees with this answer

Kenneth V Zichi
Kenneth V Zichi
  • Fowlerville, MI
  • Licensed in Michigan

A: Mr Soble is right, and ideally the divorce judgment REQUIRES her to refinance.

Understand the MORTGAGE company is under no obligation to do anything, and is within its rights to 'ding' your credit if payments are not made as agreed.

The problem here is that if your ex is not credit-worthy enough to qualify for a mortgage, the fact the judgment REQUIRES that is not going to be of much practical value. There are a LOT of unanswered questions here and it is best to consult with a local attorney familiar with both family law and real estate financing issues to get a real answer.

I'm afraid you may be in a situation where you can spend a LOT of money in court and not get a desirable outcome if you don't take everything into account!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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