Summary
In Michigan, both spouses have equal rights to the marital home during divorce. Until the divorce is finalized or a court order is in place, neither spouse can sell the home without the others consent. Violation of a temporary order can lead to legal consequences. Filing an ex parte order can provide immediate temporary relief in emergency situations, such as preventing the sale of the home or addressing financial hardships. Legal aid can assist in navigating these processes. An ex parte order typically takes effect as soon as the judge signs it and is enforceable once the other party is served.Full Conversation
I have I filed for divorce about * weeks ago since then my husband has not allowed me to come back to our home he's made it impossible for me to stay there I did do a temporary order for them for the courts he however informed me today that he is going to try to sell our house and move his girlfriend in
Hello ****, I'm sorry to hear about your situation. Could you tell me in which state you live? Laws regarding property division during divorce vary by location.
Michigan
Hello ****, in Michigan:
- Both spouses have equal rights to the marital home.
- Until the divorce is finalized or a court order is in place, neither spouse can sell the home without the other's consent.
- Violation of a temporary order can lead to legal consequences.
Consider seeking legal advice.
Okay what about me going to file an ex parte order would that help
Hello ****, in Michigan, filing an ex parte order can provide immediate temporary relief if you're facing an emergency situation. This might include preventing your husband from selling the home. However, these orders are typically temporary and a full hearing will be scheduled later.
Crap and I also have filed I can remember temporary order because he's not helping with he hasn't paid none of the bills he hasn't said he's not going to pay any of the bills he's already depleted both of my credit cards on my bank account has been negative
Hello ****, in Michigan, if your spouse is not complying with temporary orders:
- You can file a motion for contempt.
- This may lead to fines or jail time for the violating party.
- Legal advice is recommended to navigate this process effectively.
I we haven't met on the temporary order I just filed it last week so I'm waiting on that to go through I'm just wondering if there's actually go down there and do an ex parte order yeah I already filed a temporary order and we haven't went to court but now all this is going on like I said he's he hasn't helped paying on the bills with my credit cards are maxed out my bank account is overdrawn I'm just wondering if an ex parte order will help even though I filed a temporary order to temporary order has it went through yet though
Hello ****, in Michigan, you can file an ex parte order while waiting for a temporary order. It can provide immediate relief in urgent situations like financial hardship. Remember, legal counsel is advisable for this process.
Legal aid has been helping me when I go down there because I can't afford a lawyer
Hello ****, that's great to hear. Legal aid can be incredibly helpful in navigating these complex issues. They should be able to assist you with filing an ex parte order, if necessary, or other actions. Keep communicating with them for guidance.
Okay thank you now if I if I file an ex parte order do you know like how long it is until it takes effect
Hello ****, in Michigan, an ex parte order typically takes effect as soon as the judge signs it. However, it's only enforceable once the other party is served with the order. Legal Aid should be able to guide you on how to ensure this happens promptly.
Okay thank you
You're welcome, ****. If you have any more questions or need further assistance, feel free to ask. Good luck with your situation.
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