Legal Question in Bankruptcy in Michigan

homeowership and unmarried couple

To whom it may concern,

I filled a chaper seven bankruptcy in 2004 in my name only.

it was discharged in Jan of 2005 in july of 2005 I was notified that I was now responsible for the sum of six thousand dollars

Because I was not married at the time I purshased my home I was told I was not entilted to the State of entirety under state bankruptcy laws and was forced into filing Federal Bankruptcy.

In 1998 My fiance and I purshased the home toghther . we were at that time living together for over three years on the same property( new house was built on same property and old house was demolished.

Are we entilted to the protection of law on this matter under commom law marriage?


Asked on 10/11/05, 4:38 pm

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: homeowership and unmarried couple

Michigan does not recognize common law marriage. However, if you can prove that she contributed money to the purchase of the house, you would at least own the house together as tenants in common which could reduce your equity by 50%. Also, if you were married at the time you filed, there might be an argument that she was an owner because it was the marital home or at least had a dower interest in the property. If these arguments fail, I think you should look at the bright side by recognizing the benefits you gained by filing for bankruptcy under Chap. 7. You probably had much more than $6,000 in debt discharged.

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Answered on 10/12/05, 7:46 am


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