In the state of Michigan, Oakland County, I received a Judgment of Divorce. For the division of Property, the Marital Home section is described with...
"The Plaintiff shall have exclusive possession of the marital home located at.... for a period of five (5) years from the date of the Judgment of Divorce."
Judgment of Divorce is April 15, 2003.
"The Defendant (me) shall retain an $xxx.xx lien on the property to be paid at the statutory interest rate. The Defendant will receive his monetary share if the home is sold or in 5 years, whichever occurs first."
Now for the legal part I have questions on...
"Upon receipt of the Defendant's monetary award the Defendant will execute a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim Deed[/url] conveying his rights, title claim and interest in the marital property to the Plaintiff."
When the divorce was created, it was assumed that my ex would sell the home and this would give her time to do so. Since then, she has been continuously late on payments and the mortgage company as threatened foreclosure on several occasions.
The ex has been unsuccessful in selling the house, though I hear she has received some offers.
Now, I find out she is to be remarried and plans on staying in the house. If this is true, I will have to execute a Quit Claim Deed to get my monetary share, but she will have all interest in the home. Plus I will still be on the mortgage.
Is this true and if so, what can I do to get my monetary share and get my name off the mortgage?