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Petitioner, Charles F. Urbauer, resided in Troy, Michigan,
when he filed the petition in this case. On June 18, 1966,
petitioner and Kim Urbauer were married. During and through the
end of their marriage, petitioner's principal residence was in
Bloomfield, Michigan. On January 9, 1990, petitioner and Kim
were divorced.
In the Property Settlement of the Consent Judgment of
Divorce (property settlement), the divorce court ordered "that
the marital home at 2312 Hunt Club Drive, Bloomfield Hills,
Michigan, which is presently listed for sale, be sold and the
proceeds of the sale, after expenses, be applied in the following
manner". There followed four items of debts and liens. The
divorce court then ordered:
Fifth: Establishment of an escrow fund in the
amount of $62,000 for the payment of the
capital gains tax due in connection with
the marital home;
Sixth: Any balance split seventy-five (75%)
percent to the Plaintiff [Kim] and
twenty-five (25%) percent to the
Defendant [petitioner].
Kim was given control of the $62,000 escrow account, was
entitled to the interest therefrom, and was required to pay any
taxes on the marital home. She was to "hold [petitioner]
harmless from any taxes due and owing from the sale of the
marital home up to the estimated $62,000."
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