selling home with ex spouse still on deed

UPDATED: Oct 1, 2022

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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
Thank you. Kirsten Razzone

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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