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S

sgr

Guest
What is the name of your state? Michigan

I am recently divorced. My ex and i still own a home together, and are actively tying to sell the house at this time. However, the ex has purchased a new home. She is still paying me so far for the mortgage at the home we own but was short last month by a couple hundred dollars. She has moved all of her belongings out of the house we own. She resides at her new home. What are her obligations to the home we own together? If she does not pay 1/2 as stated in the divorce decree do I have a legal right to have her taken to court in default on the loan?

Also, now that she has moved out. Can she just keep coming back to the house and letting herself in to get messages and mail as she pleases? I have a son by another marriage living at the home with me. What are my rights along these lines?
 


stephenk

Senior Member
why dont you just change the locks on the door? Change your answering machine message to note that Ms. Ex now longer is at this number and provide her new number to the message.

Tell your ex to submit a change of address form to the post office. in the meantime gather up her mail and forward it to her or drop it off at her new home.
 
S

sgr

Guest
I thought of changing the locks, but I was looking for a legal answer. Does she have a right to just come and go as she pleases? She may have a financial claim on the house, but does she have an accessibility right to enter once she moves out?

I just want some privacy. I am taking care of the house, cleaning it, mowing the lawn etc... until it sells. What does the law in Michigan say in this type of situation.


Steve
 
G

Grampsx13

Guest
I am Michigan also. Now...I don't have any 'legal law quote' I can offer but, I can relate 3 instances (in Michigan) that I personally know of. Pretty much the same situation as yours.

Unless I'm not remembering correctly...neither of you actually "reside" in the home. Right?

One of my son's, his current wife, went through that with her former husband. I was told that, since they were 'both' on the title, and they 'both' had to sell, and 'both' had to be in agreement on the selling price, and it was all so ordered and layed out, and if neither party were using the home as either of their personal residence, that 'both' parties had every legal right to access at any given time for any given reason. The other stipulation was that neither party could any longer remove anything from the house, nor make any changes of exterior/interior.

My present father-in-law tried to pull a slick one over on my mother-in-law with a house he had purchased without her knowledge some years ago. She was not on any papers to the house. He then tried to sell the house in later years and reap the profits all for himself. When he tried to sell he was told that regardless his wife's name on it or not, he could not sell without her knowledge and co-permission, as they were still legally married. After that was settled, and he couldn't sell the house as intended, my wife and I ended up buying it. Appraised at $85K, bought it at $20K, because the mother-in-law insisted it be my wife's inheritance so-to-speak. My father-in-law ultimately agreed.

The other circumstance I know about was much like the first I mentioned. Not relatives, but acquaintences of mine.

All were many many years ago, and I know nothing of any loopholes around it. But, that doesn't mean there aren't I guess. Check with a realtor, or a realestate attorney.
 

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