Port Huron, MI asked in Criminal Law, Divorce, Family Law and Real Estate Law for Michigan

Q: >Can I go for forfeiture, based of Criminal law During a civil case(divorce). or do I need to file a criminal case.<

located in Michigan. I'm currently in a divorce( i was granted exclusive rights to the home for the duration of the divorce due to a PPO against my husband). My husband has sold the martial home that was actively disputed in court. To his brother-in-law that he's currently living with, before the judge gave his order and opinion. It was done by them to prevent me from getting the home from the divorce the deed was signed and transfer by the deed office before I found out and I nor the Court could stop the transfer as it was already done. can the judge consider the criminal aspect of this? and possibly grant forfeiture of the home from both my husband and his brother-in-law under Michigan fraud criminal laws 750.535, 750.218, 600.4701. or just because this is a >divorce case/civil court case and his brother-in-law is a third party. I have to start/file a criminal case against them. as the judge can't use criminal law/definitions in a divorce civil court case or can he?<

1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: 1) You need to discuss this with your divorce attorney. There are many options available to you, and the divorce judge can craft something in the judgment to make you whole, and sanction your husband if he really did something underhanded.

2) INDIVIDUALS cannot generally charge criminal offenses -- the county or federal prosecutors do that.

3) Talk to your divorce attorney.

If you don't have a divorce attorney, you need one yesterday.

Good luck

Brent T. Geers agrees with this answer

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