QUESTION

How does one enforce a divorce agreement?

Asked on Apr 13th, 2015 on Divorce - Michigan
More details to this question:
During my divorce, my ex-wife agreed to remortgage our house under her name within six months. The six months is almost done and she has said that she cannot do it. What legal action can I take and if there is any do I have to do it in the county that the residence is in? This divorce is taking place in Michigan.
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4 ANSWERS

Insurance Defense Attorney serving Jackson, MI at Dungan, Lady & Dunga, PLLC
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For relief, you have to return to the judge that granted the divorce or that judge's successor. This can be a tough issue with no good solution. The judge can tell your ex what to do, but cannot tell a bank what to do. The judge can tell your ex to refi, but if she does not qualify financially because of lack of income, or there is not enough equity in the house, court cannot fix that. The judge could order the house sold under the right circumstances, but again, if there is no equity, if it cannot sell for what is owed, that is a problem. The judge could award you the house if you want it and want to pay for it. Bankruptcy is an option if you qualify.
Answered on Apr 14th, 2015 at 10:46 AM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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First your go back to the Michigan court where the divorce agreement (I assume you meant judgment) was finalized Second you file a motion for contempt for her failure to follow the divorce agreement to re-mortgage the house you claim that if she cannot refinance it it must be sold and the proceeds used as the divorce agreement originally sere to be split(if its underwater, e.g you owe more on the mortgage than the house is worth, there could be a problem in that one or both of you may have to bring money to the table to sell it).
Answered on Apr 13th, 2015 at 4:53 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You would do it where the divorce was filed to enforce or modify the judgment.
Answered on Apr 13th, 2015 at 4:19 PM

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File a show cause petition with the court. Consult with a divorce lawyer in Michigan to discuss your options further.
Answered on Apr 13th, 2015 at 4:16 PM

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