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MI state divorce laws, asset and debt distribution and division, community and separate property and debt
West Bloomfield, MI
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Posted about 1 year ago in Divorce / Separation
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DIVORCE AND PROPERTY:
I live in MI I'm going through a divorce and both me and my soon to be ex husband no longer lives in the home we purchased together. Due to his credit the mortgage was soley in my name, but he is on the title. The house is now in foreclosure. Do I have any rights to make him take the hit for the defient mortgage? Or is he off the hook because the mortgage is not in his name>
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Answers (1)baumlaw
Posted 4 months ago.
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It's hard to underestand how mortgage company did not wasnt his name of the mortgage if it is on the title. the house is marital property if bought during the marriage. As such it is going to be awarded to one of you, if not both. the court can order him to make mortgage payments as a term of the property settlement, even if his name is not on the mortgage. Depends, in part, on the equities of the parties including health, earnings of either party, needs, and similar; as well as what other assets and debts there are.
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