Real Estate and Divorce

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Real Estate and Divorce

In my divorce, I am currently living in the marital home but, the judge ordered
me to place it up for sale February 25, 2020 and move out as soon as it is sold.
My ex and I are to split any differences if there is any. We purchased the home
as a married couple. WE ARE BOTH on the deed to the home. The down payment of
40,000 came from my parents and grandparents as a wedding gift. The monthly
taxes, mortgage and insurance is under 400 per month. We have 6 children. The
payoff is only 38,000 and my ex credit a credit on child support for making the
payments meaning he pays that much less in support. He immediately purchased a
massive gated home and far so he does not need this one but, refuses to let me
stay. Can I be evicted or forced to move if I cannot get financed for another
home? Do I have any rights to fight this since I am on the deed to the home? He
has a really good attorney and I cannot afford one.

Asked on July 29, 2019 under Family Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You write that the judge ordered to you place it for sale in 6 months then move out when it is sold: your difficult in getting financing does not overrule the court order, and if you don't comply with it, your ex can bring a legal action to have the court enforce its order by punishing (e.g. fining) you. You may have to rent at first, instead of immeditately buying a new home, but you do need to comply.


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