Legal Question in Real Estate Law in California
My ex husband is trying to take me to court over the home we shared when we were married. He was awared the home in the divorce. But now it's been brought to my attention that I have some legal right to the house my name is still on the deed for the home. I've been told he has to buy me out for my part in the home is this true. Do I need to hire a lawyer to fight for what might be mine? Also the home is in Michigan and I currently live in California.
2 Answers from Attorneys
It sounds like your divorce was in Michigan. You'll have to ask Michigan lawyers about this. Where you live now doesn't matter. Where the divorce was originally still has jurisdiction, and their laws are very different from ours. So we California lawyers can't help you.
California is a community-property state; Michigan isn't. If your divorce was handled in a Michigan court, the decree (and related subsequent events) would be governed by Michigan law. Frankly, from what you've written, it sounds likely that you are not complying with the decree in that you were probably supposed to sign over the house and failed to do so, but who knows for sure? Even a Michigan lawyer would need more information, probably including the ability to read (or look up in the court's files) the decree.
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