Jump to content
CKS

Land contract and divorce

Recommended Posts

I purchased a home and sold it to my daughter on a land contract, the house is in her name.   She got married a year later, but her husband lived in the house with her the whole time even before they were married.  Both paid the house payment, but she personally put the down payment on the house with her money,  now they are getting divorced and both have moved out and stopped paying the house payment.   I want to sell the house.   House payment was due june 1 so they are past grace period.  They have had the house less than 4 years so very little equity in the house.  Does her husband have legal right to the house? and if I decide to do a forfeiture on the house do I need to send both parties a notice or just her?  And I would like to get their possessions out but he is refusing to meet with her to divide their property so how do I get him to get his things out, do I give him a notice?  And how long do I have to give him,  30 days???  This is in Michigan.    Thank you. 

 

Share this post


Link to post
Share on other sites

Your post is a little confusing.  In a land contract, title to the property is not transferred until all payments have been made.  If you have already transferred title to your daughter conditioned on future payments, your relationship would be a mortgage.

 

Is your daughter's husband a party to the note or contract to buy the house?

 

If there is no equity in the house it probably doesn't figure in the divorce anyway.  Michigan is not a community property state so your son-in-law would only have an interest in the property if the interest were awarded to him by the divorce court as part of the equitable distribution of the marital estate.

 

I recommend you engage a real estate attorney to do the foreclosure.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...