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Old 05-04-2007, 01:06 PM
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Join Date: May 2007
Posts: 2

Wife wants out - Possible Foreclosure


Formally of Michigan, Now in Indiana.

My wife and I have been married for 2 years. A year before we were married, she divorced her husband of around 12 years. They had co-bought 2.5 acres in Houghton Lake, MI and put a modular home on it 2 years prior to their divorce.

It was agreed on in the divorce that he, the husband, would continue living there and the house would be put on the market. My wife was to only receive $20K from the proceeds of the sale according to the agreement. I believe the property could be sold for more than twice what is owed on it, making $20K a very attainable number.

Now, 3 years later, the house still hasn't been put on the market and her ex (and her) is being threaten foreclosure due to back property taxes. He is now asking my wife to sign some kind of affidavit which basically states that she knows he is taking a $5000.00 loan out, using the house as collateral, in order to pay the back taxes.

My questions are:

Should my wife sign this paper? Unfortunately, it hasn't arrived yet, so I don't know for sure the context of it.

Can my wife force him to sell the property in accordance with the divorce decree? If so, does she have to hire a lawyer?

I appreciate any helpful comments. Thank you.
  #2  
Old 05-04-2007, 01:10 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by AllIsFairInLove View Post
Formally of Michigan, Now in Indiana.

My wife and I have been married for 2 years. A year before we were married, she divorced her husband of around 12 years. They had co-bought 2.5 acres in Houghton Lake, MI and put a modular home on it 2 years prior to their divorce.

It was agreed on in the divorce that he, the husband, would continue living there and the house would be put on the market. My wife was to only receive $20K from the proceeds of the sale according to the agreement. I believe the property could be sold for more than twice what is owed on it, making $20K a very attainable number.

Now, 3 years later, the house still hasn't been put on the market and her ex (and her) is being threaten foreclosure due to back property taxes. He is now asking my wife to sign some kind of affidavit which basically states that she knows he is taking a $5000.00 loan out, using the house as collateral, in order to pay the back taxes.

My questions are:

Should my wife sign this paper? Unfortunately, it hasn't arrived yet, so I don't know for sure the context of it.


**A: of course not

************
Can my wife force him to sell the property in accordance with the divorce decree? If so, does she have to hire a lawyer?

**A: yes and yes and do it NOW!

*************

I appreciate any helpful comments. Thank you.
**A: did she do it yet?
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