Legal Question in Family Law in Michigan

How would the court most likely divide home?

Home purchased jointly in 1992. Husband contributed 35% of household income since married; 27% since home purchase. He's been unemployed since 1998. He cares for our child, and provides basic home maintenance.

We refinanced in November 2003. I was approved as the sole applicant; he remained on as joint title/mortgagee. We took $5,200 equity cash-out of which he spent $1,200 for personal purchases against my express will. I am of course paying back in the mortgage... Additionally I invested $6k of inheritance in windows in 1995. Personal property is of little value, maybe $20,000 total if we sold the sheets. This stuff will probably split up near evenly.

Other general info:

Divorce action is due to his infidelity and refusal to work since 2001 as previously promised. He was charged for DV after I confronted the affair last fall, however the DA dismissed at my request. There are minor children in the home. He wants joint custody, but plans to move out of state.

We are trying to settle ourselves. I'd like feedback on typical treatment of the homestead in similar situations. Assigned Judge P. O'Brien, Oakland County. Thanks in advance!


Asked on 4/23/04, 1:14 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: How would the court most likely divide home?

With all these issues and the attitude of your husband, I think you are being very foolish to attempt to resolve this matter without a lawyer. There are many issues involved, such as the potential of imputing income to your husband and taking it from his share of the house, etc. Moving out of state with a husband who wants joint custody, etc. You should shop around and find a lawyer who will do a good job for a reasonable fee. However, with all these issues, it sounds like the case is headed for multiple settlement conferences, mediation and potentially trial and many, many motions. Bill Stern 248-353-9400

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Answered on 4/25/04, 10:38 am
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: How would the court most likely divide home?

Under the facts as presented it would probably be split 50/50. The sale would not have to take place until after the children leave the home. Then your ex would be entitled to receive his share of the equity. If you can flesh out the infidelity allegation as well as prove the DV the split could be 60/40 in your favor. You should consult with an attorney in your area. Good luck.

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Answered on 4/23/04, 8:07 pm


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