I am planning to divorce my wife for reasons I don't think are needed to be mentioned here. Less then a year ago, my mother transferred the house under my name, designated as an inheritance. Since I was married, the Michigan law required it to put under me and my wife's name, not just mine. I haven't filed for divorce yet, as I want to get my assets like this house in line, so that it may be able to go smoother. We didn't have to pay anything to my mom for the house, all that neded to be paid was the lawyer for the time of doing the paperwork. I just want to know what I need to do so that I don't lose this house, which my mother wanted me to have, and has been in the family for decades.
2007-08-11 10:12:53 · 10 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
If it has her name on it, in your family for generations or not, it is part of your combined estate. And if Michigan is a community property state, it is indeed part of your estate. It makes no difference why you wish a divorce.... that isn't even important. Most states no longer assign fault.
The best way for you to divorce is civilly.... if you go get an attorney, and she does as well, and you two battle it out in court, you each are looking at a minimum of $6000----each, and minimum. Read it again. No divorce attorney is interested in a quick settlement... They don't even care if it is fair.. all they wish to do is bleed the two of you... ever hear of a poor attorney??? me neither.
After you announce that you wish out of your marriage to her, decide what is a fair settlement. Get a set of divorce papers off the internet or at your county court house, or at an office supply place, and decide how you ought to fill them out. Have your house assessed. And then, the two of you hire the same attorney.... They are called Mediating Divorce Attorneys (see your yellow pages)...cost $75-300 depending upon state and amount of time it takes him/her to fill them out. The attorney files for you, you each get a copy, sign, and usually in six months your divorce is final. He/she will fill them out according to both of your wishes, and he will help you be fair. At all and any cost, you wish to keep it out of court, even if you end up paying her to be able to keep the house that your mom gave to you..
The shocker is going to be that you wish to divorce her, unless she has seen this coming....
2007-08-11 10:27:48 · answer #1 · answered by April 6 · 0⤊ 0⤋
You will again need the assistance of an attorney. It depends on Michigan divorce laws too. You could possibly have her quit claim her rights, while you pay her for a portion of the equity or current market value. But it really depends on what you both reach agreement on in the divorce settlement. I sure wish you would consider counseling before divorcing. Marriage is precious and should be fought for. If it is at all possible that you could forgive her, then seek professional help.
2016-05-19 23:52:07 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Since the Michigan laws required the house to be put into both of your names, she is entitled to half of the house. Your only recourse would be to have the house appraised to find out the fair market value. You can then offer to buy her portion of the home. Sucks for you, as several other states do not include inheritance property in a divorce as being mutual property. Your best bet is a good attorney to help you with the property settlement.
2007-08-11 10:28:22 · answer #3 · answered by Sparkles 7 · 0⤊ 0⤋
You said: "Since I was married, the Michigan law required it to put under me and my wife's name, not just mine."
Who told you that? I was not aware that was a legal requirement in any state.
Talk to a local attorney, but since the title's in both names, she's likely going to be entitled to 50%, and if so, then in order to keep it, you'd have to buy her out.
2007-08-11 11:14:38 · answer #4 · answered by kp 7 · 0⤊ 0⤋
You'll most likely have to buy your wife out. It may be different since you inherited it so I would talk to a lawyer. Maybe if you refinanced it for like $20,000 for your wife to have a fresh start she would agree to it. Best bet is to talk to a lawyer.
2007-08-11 10:38:35 · answer #5 · answered by rhonda c 2 · 0⤊ 0⤋
you might not have to give her the house but your wife quiet possibly get half of what it's worth which means if you want to keep it your going to have to come up with the money to pay her out. go see your lawyer.
2007-08-11 10:23:49 · answer #6 · answered by Steven's Mommy 5 · 0⤊ 0⤋
Sounds sticky, but sounds like an attorney could take care of that for you. Your wife doesn't have to know that you are speaking to an attorney.
2007-08-11 10:17:45 · answer #7 · answered by Chickypoo 2 · 0⤊ 0⤋
i would talk to a lawyer in ur state to find out ur rights. I live in texas and my laws are different then urs.
2007-08-11 10:17:47 · answer #8 · answered by Pres 3 · 1⤊ 0⤋
You can not it will be fifty fifty or talk to a lawyer and ask questions.
2007-08-11 10:17:28 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Talk to your lawyer first.
2007-08-11 10:16:28 · answer #10 · answered by kim t 7 · 0⤊ 0⤋