Legal Question in Family Law in Michigan

Comon Law

My mother has lived with a man for 25 years and all of her money went to the man she gets social security and a check from the state for child substidy for adopting a child. He was always in control of everything the cars, furniture, house and anything of value went in his name, now they split up and she has nothing but a bed in a one bedroom apt. does she have any rights to anything please help...


Asked on 6/15/03, 10:30 am

2 Answers from Attorneys

William Stern William Stern, P.C.

Re: Comon Law

Under Michigan law, she is out of luck. Michigan is very strict in recognizing and rewarding legal relationships. Since your mother was not married, she gets no benefits of a wife, including those that would be available in a divorce. If a house is involved, perhaps she could argue an "equitable mortgage". It is a highly technical area of the law. If she did have a house with him, she needs to see a good lawyer. It will be a big legal battle. She should take immediate action so the man does not sell or mortgage the house to another and lower the amount that she could potentially collect. Bill Stern 248-353-9400

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Answered on 6/15/03, 10:41 am
Regina Mullen Legal Data Services, PLC

Re: Comon Law

Your mother definitely needs to get on top of this NOW. Don't wait, if she can't afford a good lawyer, you go hire one for her.

She made a big mistake in giving her boyfriend everything she had for 25 years, and if her money went into buying a house, she definitely has a legal interest in it that he can't take.

First, make sure to place a lien on the property immediatley. That will stop any sale long enough to allow her time to show her interest in the property from day one,--any money she put into purchase, repairs, mortgage payments, improvements, interest, anything relating to the house, she has a right to get her fair share back out. Do it now, before he has the chance to sell it.

Second, she should consider whether civil/criminal charges are available to her. If he forced her to turn over a child support amount, that is possibly a form of theft. At least check it out.

Get a good attorney, not a cheap one, not a discount one, but someone who will play hardball, knows the judges, is respected by the judges and knows what she's doing.

Sounds like this guy was an abuser, and you can be sure that he will continue to try to dominate her in any legal proceeding. In that case, her lawyer MUST be someone who is well-respected and can stand up to anyone in court.

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Answered on 6/15/03, 11:20 am


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