Legal Question in Family Law in Michigan

Divorce

Married for 8 years. I owned the home since 1990. My husband received a lump sum buyout/retirement in 2007 of $140,000, foregoing all health care benefits. We signed a post-nup stating in case of separation he will quit claim the house to me, which he has, and in return I will stay married to him so that he can have my health insurance. I did not receive any of his buyout money due to this agreement. Now he has decided to file for Divorce. The post-nup also states if HE filed I would not be responsible for his health care but if I filed I would be. Now he says that he should be entitled to some of the equity in the house. Does this Post-nup stand up in court? Would adultery play a part on the courts decision? He is also trying to force me to re-finance the home immediately. I retired in 2005, and not sure if I can qualify at this time due to my fixed income. He was having the affair when all of these decisions between us were made. I would have kept my $50,000 a year job had I known all the facts. I stand to lose quite a bit of money due to legal fees, refinance costs and possible equity. I also started a business, but currently at a loss. I could lose my home. I am planning on hiring an atty. but would like your thoughts.


Asked on 3/30/08, 10:39 am

2 Answers from Attorneys
Thomas Loeb Law Offices of Thomas M. Loeb

Re: Divorce

A postnuptual agreement will generally be upheld. You should be fine. Much depends upon where your divorce will be filed. In what county do you live?

-Tom

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Answered on 3/30/08, 5:17 pm

Re: Divorce

Without knowing and understanding the ENTIRE picture, it is not possible to accurately answer your questions. You should immediately meet with an experienced and aggressive family law specialist.

For more information, go to:

www.MidMichiganDivorce.com

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Answered on 3/30/08, 10:58 am


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