selling home with ex spouse still on deed

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selling home with ex spouse still on deed

I was divorced in 2014 and
my ex and I decided to sell
and split equity left after
our son finished school.
Does Michigan law allow one
owner to borrow against the
house without the others
consent. Can one of use
sell without the others
consent?
Thank you. Kirsten Razzone

Asked on July 16, 2018 under Real Estate Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, neither of you can borrow against the home without the other's consent (e.g. a home equity loan or HELOC) or sell without the other's consent. Since you can't get a court order requiring that repairs ("sprucing up") be made, but he could get a court order requiring that the property be sold as is (by filing what is commonly known as an action "for partition"), it is in your interest to work this out voluntarily with him--he has more legal leverage than you. (Also, if you go to court, he may get the court to order him to get a higher percentage of the equity, to reflect the mortgage payments he has been making since 2015). Mortgage late fees can be dealt with at closing--they can be paid when the balance of the mortgage is paid from the proceeds.


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