Legal Question in Wills and Trusts in Michigan
wills
my ex-husband and i bought a home together, we had our wills written up stating that the survivor got the house. we then divorced. a few years later he passed away without writing a new will. do the children have to take the house or is it legally mine yet. my name was never taken off the deed.
1 Answer from Attorneys
Re: wills
MCL 700.2807 provides that except as provided by the express terms of a governing instrument, court order, or contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce, or annulment, the divorce or annulment of a marriage severs the interests of the former spouses in property held by them at the time of the divorce or annulment as joint tenants with the right of survivorship, transforming the interests of the former spouses into tenancies in common.
According to MCL 700.2807, your divorce, unless otherwise directed in the divorce order / judgment, reduced your interest to that of tenants in common. This means that you own the property with his heirs.
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