Legal Question in Family Law in Michigan

Re: Community property post divorce filing

It's possible. Are you using marital assets to purchase the new property? He could try and claim a right to the property if you are using marital assets to purchase the house or he may argue that his distribution should be increased and yours reduced based on your use of marital assets to purchase the house.

You should discuss this with your divorce attorney,or if you don't have an attorney yet, I'd be happy to talk to you about protecting your interests in divorce and how to handle this purchase. I can be reached at 586-992-9981. Good luck.

Re: Community property post divorce filing

I would advise against purchasing a new home at this time unless the lawyers and parties have reached an agreement regarding property settlement that has been reduced to writing. You will most likely be using what could be described as "marital assets to either pay for the down payment or the day-to-day upkeep, or mortgage payments. Your spouse will have a claim against the value of these assets. Feel free to call my office if you have other questions and are not otherwise represented. John C. Talpos (http://www.Mich-Lawyer.com)

Re: Community property post divorce filing

Technically, yes. However, as a practical matter, it will be dealt with in the judgment of divorce. If marital funds were utilized to purchase the new house (as they normally are), then he would definitely be entitled to a piece of the new house. However, the marital funds used to purchase the new house could be offset from other funds and you would then take the house free and clear of the claim of your husband. Bill Stern 248-353-9400