Legal Question in Family Law in Michigan
Claiming property in a divorce
If I got married and I owned my own home before, could my intended spouse claim any part of the property if we should divorce??
Asked on 8/16/00, 9:42 pm
1 Answer from Attorneys
Sanford Schulman
Schulman & Associates, P.C.
Re: Claiming property in a divorce
In most cases, your spouse could only claim the increase in equity acquired during the course of marriage (ie: increase in property value and decrease in the principal owed), unless, your spouse can show that he/she contributed to the downpayment.
The fact that only one person's name is on the house is irrelevant when it comes to dividing equity DURING the marriage.
A pre-nuptual agreement is not required, but may be good to clarify this point.
Sanford A. Schulman, Esq
1-800-529-7747
Answered on 9/22/00, 5:38 pm
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