QUESTION
What would my rights to my house be after I get a divorce?
Asked on Jul 15th, 2015 on Divorce - Michigan
More details to this question:
I am getting a divorce. Our house is under my name. My husband has bad credit and would like to stay in the house and pay mortgage, get married immediately and bring in his wife to this house. I do not trust him to be able to pay the mortgage in the future if the wife decides to move elsewhere, or if I decide to sell the house in a year or two whether I can have them vacate the house.
3 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I strongly advise you to retain an experienced matrimonial lawyer. People almost always need a good lawyer in a divorce, and in a situation like this, you really need to talk at length with a lawyer, who can develop more facts and can help you fashion an effective Marital Settlement Agreement.
Answered on Jul 16th, 2015 at 6:30 PM
That would depend if you purchased the house prior to or during the marriage. If prior to, the house is YOURS and he should not be able to get any part of it. If during the marriage, the house is marital property and is owned 50x50 regardless of title. If he wants to stay in the home, you should condition that on having him taking over the loan under his sole name, putting title in his name alone and paying you 1/2 of the market value. If you stay, same rules apply for you. If the lender won't qualify either one of you ALONE, ask the Court to force the sale of the home and divide the proceeds.
Answered on Jul 15th, 2015 at 4:12 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you are getting a divorce and asking these questions it would appear that you do not have divorce counsel. That is unwise. Given the fact that the house and are apparently in your name I would suggest that the house be sold in order to clear the debt to the extent possible. Your exposition of the facts implies that no one will and him money who does it for a living, why would you wish to do so as an amateur?
Answered on Jul 15th, 2015 at 4:09 PM