QUESTION
Will there be any way in which my husband (pending divorce) will be able to acquire property gifted to me after we separated?
Asked on Jan 09th, 2013 on Divorce - Michigan
More details to this question:
I have been separated from my husband for 6 months now(not a legal seperation just living in separate houses). We live in Michigan, and we're planning on getting a divorced. Neither one of us has filed at this point. My mother wants to buy me a house, and have me make payments on it. This house will be for both me, and my son. However, she needs to be able to put my name on the deed as well for financial reasons. My question is.. if she is to do this, due to the fact that the house will technically be paid off will my husband be able to fight me for this property in the divorce?
3 ANSWERS
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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The marital portion of the home will be part of the divorce process. Either party may claim a portion of the equity. Discuss this issue with an attorney to make sure your rights are protected.
Answered on Jan 13th, 2013 at 7:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He should not have a claim if you do it right. Why are you not proceeding to divorce if you are separated? It sounds like time to get on with your life.
Answered on Jan 13th, 2013 at 6:50 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If you are separated and you document it as a gift AND you do not allow him to move in or live there so it does not become the marital home you should be ok and he should not be able to claim any interest in the house.
Answered on Jan 13th, 2013 at 6:41 PM