QUESTION

If I was awarded the house in our divorce, can my ex force me to sell?

Asked on Dec 06th, 2012 on Divorce - Michigan
More details to this question:
We financed the House through the VA, and my ex's VA was used, however, we agreed and the judge awarded me the house, I tried to refinance it but I can't do to my finances. He says he will get a lawyer and the judge will make me sell it. Also he has been sending me threatening and harassing texts. Is there anything I can do about that? I would really appreciate any advice can you can provide.
Report Abuse

7 ANSWERS

Without seeing your Decree, it is difficult to tell what your rights are.
Answered on Mar 27th, 2013 at 4:15 PM

Report Abuse
The judge can only enforce the terms of the order. If refinancing is not part of the order, then the judge has no power to enter such an order. I suggest you hire a lawyer.
Answered on Dec 07th, 2012 at 1:45 PM

Report Abuse
Family Law Attorney serving Temecula, CA at Landon Rainwater Robinson LLP
Update Your Profile
Yes he can force the sell of the home if you are unable to obtain financing. The court will not force your ex to tie up his credit on a home not in his possession. The court will force an immediate sell and whatever equity or deficiency will be divided.
Answered on Dec 07th, 2012 at 1:43 PM

Report Abuse
Get a restraining order against him based on the threats. He can't force you to sell it if it wasn't part of the divorce settlement. He'll have to get a judge to order it. If the court did not reserve jurisdiction over the issue, he'll have a hard time.
Answered on Dec 07th, 2012 at 12:14 AM

Report Abuse
The disposition of the house will be governed by the terms of the Judgment. You can seek a restraining order to get him to stop harassing you. You should consult a family law attorney to review all of the documents and facts and advise you how best to proceed.
Answered on Dec 07th, 2012 at 12:09 AM

Report Abuse
Michael Wynn
You should consult with an attorney as this is just general information not specific legal advice. If you were awarded the house in the dissolution then your Final Judgment would reflect that fact. Along with awarding you the house there is normally language that deals with the mortgage and consequences that could happen if it is not paid. If you are current then you should not have anything to worry about but if you are either behind or in foreclosure then there may be some validity to his requesting the judge to order you to sell the house. The reason is that even though you are divorced the VA still will look to him reqarding the note. If you cannot get it refinanced then that will also be taken into consideration if he is simply trying to get his name off of the note.
Answered on Dec 06th, 2012 at 2:12 PM

Report Abuse
If the house was awarded to you, you will not have to sell the house unless it was also decided that you were required to refinance the home to remove your husband from the loan within a certain time. It is possible that you can show efforts to do this and get an extension.
Answered on Dec 06th, 2012 at 1:51 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters