Legal Question in Family Law in Michigan

No, the house is not her property because the Judgment of Divorce provided otherwise. If she's still on title, and nobody objects, then real property automatically passes to the joint tenant which, in this case, is your mother. That's what it looks like on the surface or to someone who doesn't know about the Judgment. Legally, the house is your father's property, and not your mother's. He simply failed to record the deed which would confirm with the county's register of deeds office that the house was in his name only.

Since the house was/is legally your father's, and he has no will that you're aware of, his assets go to his surviving spouse (if he remarried), or, next, to his children. If the children are not yet adults, then an estate needs to be opened and someone has to be the conservator of the estate until the child is 18. I'd suggest you retain a lawyer to assist with these probate, estate & property issues, if the family can't resolve it themselves.

The easiest way to handle this would be to have your mother sign over the house to whomever the legal heirs are (you and/or your dad's other children). Since your dad didn't record the deed, which would have put the house in his name only, you don't need an estate opened to effectuate the transfer.

In other words, your dad's mistake could actually make it easier for you, if your mother cooperates with the legal heirs. I hope this makes sense. If you need to retain a lawyer for further advice, document drafting/review, deed drafting/recording, please let me know.

Thank you.