My neice was awarded the family home in her divorce. How does she get her ex to move out?

Asked over 4 years ago - South Lyon, MI

My neice and her daughter moved out of the family home about 10 months ago. She filed for divorce and her husband was ordered to continue to pay the house payment and other bills as he remained in the house. The divorce is now final and she was awarded the house in July. He never made one payment and she needs to sell it quickly to avoid forclosure. He refuses to move out.

Attorney answers (3)

  1. Jared Clayton Austin

    Contributor Level 18

    Answered . I'd say that she could either go back to the court because he is failing to abide by a court order and ask the court to enforce it. Or if she was awarded the house and if it was legally transfered over to her name, then she could start eviction proceedings.

  2. David A. Sebastian

    Contributor Level 10

    Answered . If she was awarded the house, and her ex-husband remains in the house, then she needs to file a motion with the Court to enforce the Court's Order. Feel free to contact our office for assistance. (248) 758-2323.

  3. Donald Lamar Cobb

    Contributor Level 14

    Answered . She needs a local attorney. She can file a motion to compel or a motion of contempt. If she evicts him she will have another worthless judgment.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

Related Topics

Avoiding property foreclosure

You may have options to delay or stop foreclosure even after the process starts, such as loan modification or filing bankruptcy, depending on your state's laws.

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