QUESTION
My house was acquired during the marriage but the mortgage and deed are in my name only, who gets the house if we decide to divorce?
Asked on Jun 11th, 2013 on Divorce - Michigan
7 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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In Florida, the house is a marital asset subject to equitable division even though only in one party's name. If you cannot decide who keeps it, it is possible that it would be sold and the proceeds shared equally. You should consult with an attorney.
Answered on Jun 11th, 2013 at 8:21 PM
It depends on the length of marriage. B/c it is considered marital property, both spouses may be entitled to compensation. If you would like to discuss your specifics, such as length of marriage, employment situation of the parties, equity in the home, etc., feel free to contact our office for a free 30 minute consultation.
Answered on Jun 11th, 2013 at 8:21 PM
Unless you are a woman who the special married woman's presumption applies to( it only applies to a very limited circumstance for property acquired decades ago) the name on the mortgage and deed will not be evidence that only you own the property. Rather, any property acquired during marriage is presumed to be community property, thus each spouse would own half.
Answered on Jun 11th, 2013 at 8:21 PM
If the house was acquired during the marriage it is community property regardless of how title is held. You are each entitled to one-half the equity in the house valued as of the date of settlement or trial less any contributions to the house from separate property sources such as inherited money.
Answered on Jun 11th, 2013 at 8:20 PM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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Normally assets acquired during the marriage are community property unless she executed a quick claim deed and even then the court can look behind the reason she executed the quit claim deed. If the mortgage is in your name and if she wanted to keep the house you would want her to refinance the mortgage into her own name so that your credit isn't tied up in a house that she occupies or owns. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the rea.
Answered on Jun 11th, 2013 at 8:20 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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It is considered marital property.
Answered on Jun 11th, 2013 at 8:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In Michigan the courts will ignore, for the purposes of marital distribution, the titling of the various properties or personal items accumulated during the marriage.
Answered on Jun 11th, 2013 at 1:57 PM