Legal Question in Family Law in Michigan

Married woman,seeking divorce,no child. quest. about property.

Married for five years. Prior to marriage, bought cabin, told realtor to put my name only on deed, as my fiance lived with me. I have grown children, but are not spouses. Realtor put both names on title. contemplating divorce. Can husand collect half of cabin? Both names on other marital house. What am I legally entitled to? Married 5 yrs. He has pension when retired but not for years yet. Retirement too, or are they the same? $22,000 plus in stocks. Many assetts. Toys. Good pay. Works for state. I paid about $4,000 in debt for him when I recieved a settlement. That's what bought the cabin. My only assett other than older car and joint house. Says for me to move out. He will not give up house, worth about $90,000 with equity only built up just over 2 yrs. with a $550.00 mth. payment. Will sell cabin to him with a sizeable earning from what I bought it for, I think he is in agreement. Should I sell with downpayment and monthly payment, or..? What else am I entitled for, in case he tries to keep everything? Thank you,


Asked on 12/23/99, 12:18 am

1 Answer from Attorneys

Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Married woman,seeking divorce,no child. quest. about property.

Currently Michigan is a 'no-fault' state for divorce. In essence this means that the marital estate, in all likelihood, wouls be divided 50/50. This includes your spouses's pension benefits. Since the cabin is in both your names it appears that it is legally his as well as yours. You should have protested the matter 5 years ago when the deed was improperly recorded. based upon what limited information you have provided, the marital estate seems to be substantial. You should contact a divorce attorney at least for a consultation if not representation. Good luck.

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Answered on 12/28/99, 8:48 am


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