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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34479
Experience:  30 years of real estate practice experience.
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Daughter & husband divorced. Mother in-law signed a;so on mortgage.

Customer Question

Daughter & husband divorced. Mother in-law signed a;so on mortgage. Divorce papers say when youngest daughter turns 18 house needs to be sold or daughter to pay x-husband 26, 000 dollars. Mother in-law not mentioned. Now mother in-law has petitioned that daughter sell house and give her money. She has never put any money into the home. Can this happen? She lives in Alcona county
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.
Good day. I am Loren, licensed attorney, and I look forward to assisting you.Before I answer a bit more detail would be helpful please.Is the mother in law on title or just the mortgage? Is she a guarantor or co signor? Was there any agreement between the mother in law and the ex spouses regarding repayment?
Customer: replied 1 year ago.
The x mother in-law is on both & there was never an agreement about repayment. She has also never lived in house, she was a cosigner
Expert:  Loren replied 1 year ago.
Thank you for the additional information.If the mother in law is on the title then it can not be sold without her cooperation and she is entitled to her equitable share of the proceeds. If the court which issued the decree for the wife to $26,000 then it would be after the mother in law received her share of the proceeds or aside from the proceeds of the sale.The court has no jurisdiction over the mother in law in the divorce proceeding and she can file for a partition of the real property as a co-owner. It is her legal right.
Expert:  Loren replied 1 year ago.
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