Divorce Judgment Enforcement Options

Summary

In Michigan, if a divorce judgment isnt fulfilled, such as removing a name from a mortgage, you can file a motion to enforce the judgment or request the court to order the sale of the home. A quitclaim deed transfers property interest but doesnt affect mortgage liability. Consulting a Michigan attorney can provide guidance on filing a motion and addressing mortgage obligations.

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Hey ****! I'm your friendly FreeLawChat assistant, here to provide you with legal information. How can I help you today with your legal issue in Illinois?
Provide direction regarding a legal matter. Need to file motion with a judgment of divorce. Defendant had 18 months to remove plaintiff from existing mortgage but after 24 months has not done so. A quick deed was signed prior to divorce, however plaintiff's name still on mortgage. Can plaintiff request sale of home? Please let me know if you require further details or have any questions.
Hi ****! In Illinois, if the defendant hasn't removed your name from the mortgage as agreed, you can potentially request the court to enforce the judgment or order the sale of the home. Here are some steps you might consider:
- File a motion to enforce the divorce judgment.
- Request the court to order the sale of the property if the terms aren't met.
- Consult a local attorney to discuss your options and next steps.
Do you need assistance connecting with local lawyers to help with this process?
How could the signed quick deed prior to the divorce impact a motion?
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In Illinois, signing a quitclaim deed generally transfers any interest you may have had in the property to another party. However, it doesn't remove your obligation on the mortgage. This could impact your ability to request a sale if your name remains on the loan. You might need to address this in your motion to enforce the divorce judgment. Would you like further assistance on this matter?
Yes, also the state where the divorce occurred is Michigan.
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In Michigan, the details you've provided can add complexity to your case. Since the quitclaim deed was signed prior to the divorce, it likely transferred your property interest to your ex-spouse, but your mortgage liability remains.
- You may need to file a motion in Michigan to enforce the divorce judgment.
- The court could help in ordering the sale if the mortgage terms aren't met.
If you need assistance, consider consulting a Michigan-based attorney. Would you like any more specific information?
Could I file a motion to request the courts order the sale of the home, rather than, focus on enforcement of the judgement of divorce?
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In Michigan, you can potentially file a motion to request the court order the sale of the home if the enforcement of the divorce judgment hasn't resolved your mortgage liability. Consulting with a Michigan attorney could provide further guidance on the specifics of your case. Let me know if you have any more questions!