QUESTION

Am I entitled to half of what spouse paid to the mortgage towards the house since we've been married?

Asked on Oct 12th, 2013 on Divorce - Michigan
More details to this question:
I left the state with my children and I left due to verbal and emotional abuse. The house was purchased prior to our marriage by him. He has refinanced it twice with both times leaving me off the title. He received $115k inherited money by death. I know I can't touch that money. But he made that entire amount on the mortgage from a joint savings and checking account. Will I be able to receive any money in a divorce from payments made during the time of marriage which is about 4-5 years?
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3 ANSWERS

You could be entitled to an offset for community money used to pay for or improve his separate property. The determination of that offset is extremely fact intensive, and you have not provided all of the necessary information.
Answered on Oct 15th, 2013 at 11:16 AM

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Divorce Attorney serving Bingham Farms, MI at Gottlieb & Goren, P.C.
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Because of the payments made during the marriage, you should share in the home's equity (value minus mortgage balance), after your husband gets credit for his pre-marital down payment and monthly payments.
Answered on Oct 14th, 2013 at 10:15 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You have an interest in the home's equity accumulated during the marriage.
Answered on Oct 14th, 2013 at 8:45 AM

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