Michigan Recent Legal Answers from Lawyers

No, you cannot make the other party sell personal property. With a marriage of this length, you would be well-advised to speak with an attorney to assure that you receive an equitable distribution of the marital assets. For instance, is spousal support going to be awarded? If so, how much and for how long? This one issue alone could account for tens of thousands of dollars over the course of time. Please feel free to reach out to me if you would like to discuss your situation.... Read Answer

Not sure why they are doing this. You need to give them a letter asking them for a writing explaining their policy to you: Why are they holding the funds? What is the legal basis for their actions? What will it take to release the funds? it might be as simple as closing the account, getting a check made to you and ex jointly and then you endorsing the money over to her. I am sure she will do what it takes to get paid. If they still refuse, you may have to go to court against them.   the good news is their conduct may constitute conversion and the damages for that can be significant.   ... Read Answer

If the new lease has been signed, he cannot evict unless he has cause. If you are late on the rent but always pay along with any late fees, the landlord does not have the right to evict. As long as you can show monthly rent always getting paid, he has no right to evict but you might have to be able prove it in court. So records of payments is key. Landlords can make your life miserable so you options are: fight him through the year and know you will not get renewed next year or make a plan, find a new place and tell the Landlord when you find a new place and change the lease month to month (has to be in writing) until you find a new place.   best of luck to you... Read Answer

Lawyers are busy people. I have empathy for the workload every lawyer lives under. That said clients are entitled to be kept up on things. Send a letter to the lawyer asking for a face to face meeting and 2 suggested times. If she does not reply, you will need to hire new counsel if you want the case to go forward. Be careful as, if you drop the case, you might be held liable for the other side's attorney fees. Courts are jammed since COVID and that makes the process slow. My advise, be civil, demand an update in writing and request monthly updates via email going forward. The case ought to be straightforward but with real estate, the devil is in the details. This seems like an easement by prescription case. Lastly, she might be having health issues. All that said, if you want new counsel, the best is to have new counsel substitute in, if you want to abandon the case, it is best to have her do it. If you want to fire her, she has to file a Motion to withdraw no one else can do it for her. I only work in SE michigan if you live outside the region, I might be able to find you new counsel or you can go to the State Bar's lawyer referal service at 800 968 0738 Best of luck to you Gil Borman 2483535555... Read Answer

Send the Landlord a letter- write NOTICE OF BREACH advise them they are in breach of the contract of lease for violation of the warranty of habitability. Tell them you are demanding they either repair the sewage issue or you are moving out, demanding the entire security deposit be returned.... Read Answer

Given the short duration of your marriage, alimony is not an issue. The broadstrokes answer to your question is that she is not going to be entitled to assets that you came into the marriage with. However, she may be entitled to a share of any appreciation of those assets. It would be easier to discuss your situation over the phone if you would like a complimentary consultation.... Read Answer

She is not a tenant and never was on the lease. That said, follow the law and spare yourself real headaches. Your cousin has to send HER a notice to quit, she is a tenant at sufferance. If she then refuses to move out, then you have to evict her in court. You will be seeking a Judgment of Possession only. There is no defense she has to the action if there is no lease.   good luck... Read Answer

There are non-bankruptcy solutions to debt but, for some Bankruptcy is the right answer. Even in a bankruptcy, you can still keep your house and car. You should talk to a bankruptcy attorney and a debt settlement company and CAREFULLY compare the two options and then do what is best for you. What you must not do, is do nothing, if you do, creditors will pile up judgments against you and even bankruptcy won't help you. Good luck!... Read Answer