Can my ex force the sale of our joint property?

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Can my ex force the sale of our joint property?

My ex moved out almost a year ago and has not helped with any mortgage payments. He knows I

am trying to refinance at the moment however he is threatening to take me to court April 1st if we haven’t closed by then. How long do I have until we go to court for this? Am I going to lose my house even though I am 2-3 weeks away from the refinance process starting?

Asked on March 12, 2018 under Real Estate Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I can teell how upset you are here becuase you are so close and he is just being a jerk about things.  And understand that your divorce agreement will be what governs.  But let's look at the practical aspects of his threats.  Even if he "goes to court" he will not likely get before a judge for a week or so if he brings an exepditied motion and action to try and sell, and truthfully not likely to get before a judge for about 2 weeks or more.  Even at the worst case scenario if the court is made aware that there is a refinancing looming it is HIGHLY UNLIKELY (but I guess not impossible) that the court will order the house sold but rather give you a date certain that it has to be done by.  So relax and keep moving twoard what you need. By the time he actually starts the process moving you will likely be in the throws of the refi.  What you need to judge - and only you can do that - is how best to calm his nerves about it and keep him at bay.  Save the harrassing texts and consider blocking his number. Good luck.


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