Legal Question in Family Law in Michigan

Property settlement

When a wife walks away from all her financial obligations (her name is on the loans)(doesn't pay on anything) come time for settlement is she responsible for paying any repair/replacement cost on the home during separation?


Asked on 6/13/08, 10:26 am

2 Answers from Attorneys

Re: Property settlement

Possibly.

Your question is way to complex to give you a definite answer. Your best bet is to meet with an experienced family law attorney and explain ALL of the facts. That way you get an accurate answer.

For more information, go to:

www.MidMichiganDivorce.com

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Answered on 6/13/08, 10:55 am
Rod Johnson Law Offices RL Johnson

Re: Property settlement

It depends: The purpose of property division upon divorce is to divide the property of the spouses so that each gets what equitably ought to be his or hers. In Michigan, husbands and wives own real estate as joint tenants by the entireties. This is unaffected by separation. It is only severed by a divorce decree. Generally speaking, this means that improvements done by one tenant are not entitled to contribution from the other (a different result may lie if the repairs were necessary). Thus, the court granting the divorce may award such real estate to one or the other party, or any part of it to either of them, or may order such real estate to be sold under the direction of a circuit court commissioner, and the proceeds thereof divided between the parties in such proportion as the court shall order. Again, the court�s aim is to see to it that each gets what equitably ought to be his or hers.

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Answered on 6/14/08, 11:00 pm


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