Legal Question in Real Estate Law in Michigan
Real Estate Law
My wife purchased a single family home (Mich) as an investment without my knowledge, consent or co-signatory to the mortgage loan.
Our primary residence (Mich) mortgage and deed is in my name only (for IRS issues my wife was not included). My wife claims she has dowery rights on the primary residence, which is understanable to me.
Question. If my wife defaults on the mortgage of the income property home can the mortgage company put a lien on our primary residence based on her having dowery rights?
1 Answer from Attorneys
Re: Real Estate Law
No, your wife does not have a present / vested interest in the property. According to MCL 600.6018 Execution; realty: All the real estate of any judgment debtor, including, but not limited to, interests acquired by parties to contracts for the sale of land, whether in possession, reversion or remainder, lands conveyed in fraud of creditors, equities and rights of redemption, leasehold interests including mining licenses, for mining ore or minerals, but not including tenancies at will, and all undivided interests whatever, are subject to execution, levy and sale except as otherwise provided by law.
Furthermore, according to MCL 600.6023a, even property held jointly by husband and wife is exempt from execution under a judgment entered against only 1 spouse.
(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)
If you have further questions or concerns, or desire more specific information, please contact me at www.lawrefs.com.
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