Legal Question in Family Law in Michigan

is property in michigan 50/50?

when my husband's mother passed away the home was left to my husband. if we were to separate/divorce would i have any rights to the house,ie, could i remain here and he would have to leave?


Asked on 6/24/99, 2:46 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: is property in michigan 50/50?

A short answer is that it is unlikely that a court would order your husband to leave a house left to him by his mother (absent the needs of children or some other such compelling reason). However, you should ask your attorney (and if you want a part of the house, you definitely should hire someone to research this issue with respect to current Michigan case law) whether you would be entitled to a portion of the appreciation in the property if significant family resources were expended on this house. Inherited property could conceivably become a "marital asset," but more than likely a court would rule that he is entitled to actual possession of the property, and at most you would be entitled to share in the appreciation as an equitable division of that portion of the asset that is determined to be marital property.

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Answered on 7/08/99, 2:35 pm


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