Legal Question in Real Estate Law in Michigan
My husband built a vacation home for us. My mother in law provided most of the money and he did the labor. Once done, it was only in his and her name. She did not want my name on it. Upon the death of one, it would be left to the survivor. My husband wanted to add my name and she refused. (she does not see me as family even though we have been married 21 years) We received a legal document in the mail from her lawyer and did not really understand what it was. She said we both needed to sign, she was adding me to the cottage deed. After signing I still felt uncomfortable about what I actually signed and called the lawyer. His secretary told me that i had signed away all my rights to the cottage including my dower rights. She was surprised I did not know that. Anyway within the last 2 years she took her name off and left it in my husbands name only. (Quit claim deed.) I feel my name should now be on it, he said I automatically receive the cottage if he passes first because I am his wife. Not really sure if the paper I signed before is still active, what my rights would be and how do i find out if the paper she had me sign is still valid. Need advice on what to do. I don't care if I get it but want it to be in the family for my boys. They are 20 and 16. Should we add their names to the deed with my husband? Thanks for any help you can give me.
1 Answer from Attorneys
The Statute of Frauds requires agreements regarding real estate to be in writing to be enforceable. And when it comes to title of real estate a document should be recorded at the local Register of Deeds to be proper. Therefore an attorney that specializes in Real Estate law could conduct a title search of the subject property to see what is in the "chain of title". This will tell us what document you actually signed. Assuming that you signed a deed conveying any interest you had at a certain time you could get an interest back if done through the proper chain of title. For example, if your husband and his mother are on title and you sign deed to subject property you clearly have no right to that property as of that date. But if your mother-in-law later deeds her interest in the subject property to your husband, he can then deed the subject property over to you and him as husband and wife and you and your children would be completely protected. Even if the subject property is in your husband's name only, if he has no Will it will go to you anyway, depending on what it is that you signed. Even if your husband has a Will a spouse cannot be completely written out of that Will due to the Spousal Share law. Your children on the other hand could be written completely out of the Will which is why it would be best to have your name on title to the subject property. Aldrich Legal Services, PLLC specializes in Real Estate law, along with Probate matters, Family Law, Bankruptcy and other areas of the law. If we can be of service to you please visit our website at aldrichlegalservices.com or call me directly at (734) 404-3000 for a free consultation.
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