Legal Question in Family Law in Michigan

rights to house

I've been married for 3 years. After my mother died we moved into her house. We have lived in it for one year. Since my name is the only name on the deed to the house what rights to it does my spouse have? (We have no children together however I have step-children that live with us.) If we separate/divorce could I require her to move out since my name is the only name on the deed?


Asked on 5/28/04, 8:31 am

2 Answers from Attorneys
Janet Ziulkowski Ziulkowski & Associates, P.L.C.

Re: rights to house

In Michigan, a wife generally has a dower interest in the husbands real property. However, there are exceptions to that rule. Without furher information it is difficult to answer your question. If you are looking preserve your interest in the house or to protect your children's inheretence , you should meet with an attorney and discuss an estate plan and your options, regardless of whether there is a divorce or separation pending. I offer free consultations. If you would like to set up an appointment, call me at 586-979-7302.

Janet M. Ziulkowski

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Answered on 5/28/04, 9:09 am
William Stern William Stern, P.C.

Re: rights to house

The fact that you inherited the house and have a short term marriage means that it is highly unlikely that your spouse will get the house. However, because it was the marital home, she has as much right to live in the house while the divorce is pending as you do. Just get a good lawyer and let the lawyer deal with the situation. If there is extreme discord in the house, perhaps the court would force one of you to leave while it is pending. William S. Stern 248-353-9400

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Answered on 5/28/04, 10:57 pm


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