Legal Question in Family Law in Michigan

Re: equity rights

You have no rights to anything unless he puts something in writing, since you were never legally married, and Michigan does not recognize any common law type marriage (such as other states which consider people "married" who have lived together for so many years).

If he does agree to put something in writing, definitely have a lawyer assist with the drafting of the document, so there is a better chance of it holding up in court should he pass away or become remarried, and then his new wife disputes your interest/rights.

Re: equity rights

you should absolutely get an agreement in writing or you may end up with nothing. If its in writing, you have a new contract to enforce and in Michigan deals regarding real estate have to be in writing. Contact me at www.kliszlaw.com to discuss further. Tim Klisz

Re: equity rights

Short answers: Yes & Yes.

If I understand you correctly, you�re asking a question that implicates two (2) or more different bodies of law: family law (i.e., Property Division), property law (i.e., deeds), and estate planning (i.e., a will).

First, sharing and maintenance of a martial home gives both spouses an interest in any increase in the value of the home during the marriage. Thus, if one spouse purchased certain property before the parties were married and/or only one party�s name was added to the deed�BTW: this is irrelevant if the property was acquired during the marriage�yet both parties contributed to the costs and property maintenance, the value of the property that accrues during the marriage becomes part of the marital estate. Moreover, a judgment of divorce must include a determination of the property rights of the parties. Consequently, neither spouse will be able to dictate to the other how the marital estate will be divided. This court will decide.

Second, if the parties arrive at a valid settlement agreement it will be incorporated and merged into the divorce judgment. Thereafter, the agreement becomes a disposition by the court of the property. On the other hand, if the settlement agreement is not merged into the judgment, it may be enforced through contractual remedies. Prior to entering into any settlement agreement, you should retain an attorney to ensure that your rights are protected.

Finally, assuming you have no interest in the property (doubtful), any written promise that your spouse makes intended to survive his subsequent marriage or death would constitute a testamentary gift and is governed by Michigan�s Estate and Protected Individuals Code (�EPIC�). However, in light of the facts you provide, it�s more likely that the home is marital property and will be disposed of as such in the judgment of divorce.

In summary, prior to entering into any settlement agreement, you should retain an attorney to ensure that your rights are protected.