QUESTION
Can I ask court to move her out of my house until the divorce is final?
Asked on May 21st, 2013 on Divorce - Michigan
More details to this question:
My wife and I got married in 2005 in Iran and I as a U.S citizen after 9 months was able to bring her to US. I have purchased my house before I met her and marrying her and paid $120,000.00 as down payment on that house which because of the housing situation went way below the market value. I paid $568000 and got $90000 line of credit from another bank on the house which was discharge in chapter 7 that I filed on 2009 BUT the second bank has a lien on the house as well for that $90000 debt. I owe $395000 on the house + lien for the $90000.00. The market value of the house is $405000-$410000. For immigration reason, I added my wife's name to deed (big mistake) and now we have gotten to the point that we have no choice but getting divorce and she tells me I need to move out and the house is hers (friends and relative pump her up) and so she wants to take me to cleaners. We have no children due to infertility on both side although after knowing that she is infertile, I still spent $55000 to go to donor egg and sperm program to get her pregnant and make her happy which did not work and not only she does not appreciate what I have done for her she feels she is an independent person and does not need me no more. Not mentioning everything she got now is because of me even her job. My gross monthly income is $3700.00 and hers is $2400 and she started mid 2008 and only made $7800. I paid monthly mortgage (since was purchased) and some other bills and she pays for the rest of bills. Does the court award the house to her since I have paid $120000 down payment and bought the house before marrying her? Please advice.
4 ANSWERS
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Right now, your short term marriage is turning into a moderate term marriage. The longer the marriage, the more likely the court will give your wife a higher percentage of the house value. You have a good argument that you should be given credit for he down payment amount, but any appreciation in value of the house that accrued during the marriage is subject to a presumed equal division. You should consult with an attorney to review all of the facts of your situation to provide you with clearer and more specific advice.
Answered on May 27th, 2013 at 7:32 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to go through this with your attorney. However, it is possible that at least some value of the house is community property since you both lived there since 2005. However, she is only entitled to of the community property value. I think you could make a strong case that you must first recover your down payment from the value of the house and then any equity over that must be split 50/50. But like I said, you need to discuss this with your attorney.
Answered on May 24th, 2013 at 11:07 AM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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What happens with the house depends in large measure how the title is held and how much equity and value was added to the house post marriage if the house was solely in your name. You should speak to an attorney about the specifics of your case.
Answered on May 24th, 2013 at 11:07 AM
Theodora B. Fader
In Michigan, the Court will order an equitable division of property and debt upon dissolution of the marriage. It is difficult to obtain an order to remove one of the parties from the marital home while the divorce case is pending. However, it is very common for the courts here to order the parties to maintain the financial status quo (both parties continue to contribute financially as they have in past practice) while a divorce is pending. Given your circumstances, whatever state you reside in, it is of utmost importance that you retain a competent divorce attorney in order to protect your rights.
Answered on May 24th, 2013 at 11:04 AM