Legal Question in Family Law in Michigan

It was my grandparents house
My husband and I bought my grandparents house a few months ago and the mortgage loan is in my name only but hes on the title and now were talking divorce, I dont make enough to live here myself and he does, I want to keep the family house but so does he, we both pay the mortgage but Im the one who signs the check and the checking account is in both our names, but Im the primary holder. Will we have to sell the house and split it? and who gets to stay in the home with the divorce pending, there are no children. This is my first marriage and his 3rdm if that makes any difference. we also have a truck thats in my name loan wise, but both our names are on the title..... I so need help with all this,... please

Asked on 5/29/04, 11:19 pm

3 Answers from Attorneys

William Stern William Stern, P.C.

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Re: It was my grandparents house

You really should get a lawyer. You both have equal rights to stay in the house while the divorce is pending. If he doesn't want the house and you do but can't afford it, it will be sold. Alimony is not realistic in such a short term marriage. If you wish to discuss anything more, feel free to give me a call. I am an experienced family law practitioner in the Wayne, Oakland and Macomb County courts. William S. Stern 248-353-9400

Answered on 5/30/04, 9:11 am

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Regina Mullen Legal Data Services, PLC

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Re: It was my grandparents house

Hire a lawyer to help you but in GENERAL, if you bought the house while married and co-operated on payments, regardless of from whom you bought it, it is marital property. Both names are on the title.

The marital asset is the value in the house, offset by the debt. You need counsel to help negotiate it. But, unless you're going ot get alimony, you're not likely to stay in the home, just to lose it down the road.

Answered on 5/30/04, 9:25 am

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