QUESTION
Do I have any legal rights if my ex moved out of our jointly owned house which she left it a total mess and in disrepair?
Asked on Oct 13th, 2013 on Divorce - Michigan
More details to this question:
She has been living in since our divorce. My name is on the deed but the mortgage is in both of our names. It will take probably $40,000 to get the house to where it can be sold.
5 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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What does your decree say about the house and who gets to live in it and when it has to be sold? That's what governs. If she vacated the house and damaged it, you may have some recourse in the court based on her fiduciary duty to you as a coowner.
Answered on Oct 15th, 2013 at 1:58 PM
Bruce Provda
You should talk to your lawyer about the fact that this asset of the marriage has been devalued. Also look over the divorce agreement as it relates to this asset, were you both responsible for maintenance and repair.
Answered on Oct 15th, 2013 at 12:10 PM
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Document everything and work with a good lawyer who can discuss options with you, such as working with a realtor who specializes in short sales or other remedies you may have either in the divorce case or under the law generally. You also will need to show the lawyer your Decree of Dissolution so everyone is clear on what the division of the property was within that document. Best wishes for a resolution.
Answered on Oct 15th, 2013 at 8:40 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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In your divorce Petition be sure to ask for the cost of repairs.
Answered on Oct 15th, 2013 at 7:59 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, she cannot waste or destroy without consequences. Document your claim and hire a lawyer.
Answered on Oct 15th, 2013 at 7:57 AM