Ex husband’s right to sue for property he gave up in divorce
If my ex husband’s name is still on the mortgage, but signed a quit claim, is he still able to sue me for the property I’m living in? He agreed to terms in the divorce papers, and has now changed his mind. Is a divorce decree enough? Please help, I’m being threatenedby him daily that he’s going to take my house.
Re: Ex husband’s right to sue for property he gave up in divorce
If the divorce decree gives you the property, the divorce decree is binding. If his credit is getting hurt by you not making the payment on the underlying mortgage, he could seek relief through the same judge who presided over the divorce. His divorce attorney should have taken this into account and insisted that you refinance the property after the divorce or added provisions in the divorce decree addressing non-payment of the mortgage. For more info, please contact my office at (248)851-3171.
Blake Lipman
Law Office of Blake P. Lipman
31275 Northwestern Hwy. Suite 140
Farmington Hills, MI 48334
Re: Ex husband’s right to sue for property he gave up in divorce
Your ex can’t take your property, but you should probably have the mortgage in your name alone. If you can’t qualify alone, what does the divorce judgment say? If he signed a quit claim deed, he has no more interest in the real property. I can’t tell you how that affects the mortgage without reading the divorce judgment or otherwise knowing what your agreement about the mortgage is. You need to show it to an attorney for interpretation. Can you call your divorce attorney?
Good luck
Rochelle Guznack
Law Offices of Rochelle E. Guznack, PLLC
16325 Homer
Plymouth, MI 48170