You asked: I agreed to have my soon to be ex-husband to have a temporary residence of our house during the provisional order, can I retract the order?Additional Details:I would like to refinance our house under my name and will give him half of the equity but he refused and wanted to sell the house instead. We cant agree on this term, what should I do? I would want to keep the house for me and my son but he wants us to move out because I signed the provisional order that he has the temporary residence of our home. The order is already past 30 days. Is it still valid? Can I file to appeal? Can I still refinance it eventhough he refuses? What should I do?
I am a Michigan attorney, but may be able to offer some guidance. Unless an order terminates on its own, the only way to get it changed is either by agreement or by filing a new motion to modify the order. If your husband refuses to allow you to buy him out, then you will either have to file a motion asking the Court's help, or list it for sale. Normally, all terms of sale, including listing and accepting price, must be mutually agreed. In today's market, the house may not sell for the price he wants, and your offer may look better. By filing a motion, the Court may permit you to have the right of refusal. In other words, if a seller offers $100,000, you may have the option of buying it for $105,000.
These are issues that should be discussed with local counsel.
Stu Shafer
Answered on Apr 03rd, 2012 at 6:06 PM