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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12207
Experience:  JD, MBA
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I need some advice on a noncontested divorice, but is

Customer Question

hello, i need some advice on a noncontested divorice, but is turning into a bitter divorce. in may of this yr. i got a noncontested divorice but my ex and i are having incresaingly bitter and bitter divorice. when first done we agreed that she gets the house ansd assume the home equity loan that went with the house. when infront of the judge in may this proceedure was ok, but the state of each other is more and more bitter. we also have the mortage to the house from michigan habitat for humanity/ right now i am no more than a renter. il would like to know what are my rites. i want to leave. but the bills are hinndering me that are tied to this house. i do not want to renig on those but i am feeling that this is the only way to go, also as the mortage goes the habitat has to approve how my wife gets the loan for the remaining balance. i would like to know can i go back to the judge and now say this divorce is contested and have the house to be put up for sale. there is a upsidedown mortage. this house is owed 13,ooo bucks the home equite loan is 14,000.
Submitted: 2 years ago.
Category: Family Law
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. The terms "contested" and "noncontested" refer to the divorce itself, not whether there is a disagreement over the distribution of property. In other words, if one of you wants a divorce, but the other does not want a divorce, then the divorce is contested. But if you both want a divorce, then the divorce is noncontested, even if you disagree over the house. As for the house, if the mortgage is upside down, then you can't sell it unless the mortgage lender agrees to allow a short sale. You can certainly ask the lender to agree to a short sale, but that is solely the lender's choice. The judge cannot force the lender to agree to a short sale. Still, you can ask the judge to order the sale if and when the house is no longer upside down. One thing I would absolutely not do is give your wife a deed to the property until the mortgage is taken out of your name. Otherwise, you will be in a situation where you will be liable for a mortgage on property that you no longer own. I wouldDoes that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

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