Legal Question in Family Law in Michigan
How is property split when you get divorce
My wife owned the house we currently live in for about 4 years before we met. We have been living together for 20 years with being married about 17 years. My wife would never allow me to put my name on the title to our house and it has been something we fight about constantly. The mortgage is in my name and my wifes. If we divorce would I get 50% of the property or do I get nothing because my name isn't on the house. We have two teen age kids.
2 Answers from Attorneys
Re: How is property split when you get divorce
There are no formulas for property division in divorces. Fault may be taken into account. However, it is likely that you would get equity out of the home. Do you have an attorney for your divorce? If not, I would like to be able to set up an appointment with you.
Re: How is property split when you get divorce
I am sorry that it seems you are in contemplation of divorce after so many years. Property distribution is not an exact science. The factor that your wife attempted to keep the property separate, and in her own name will be evidence that it should remain hers. However, since the mortgage is in your name, and you have been paying on it you would almost certainly have interest in it. The remainder of the marital estate would also be part of a total distribution.
If you are interested in discussing your options regarding the possibility of divorce please give me a call. Good Luck.
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