What Property Rights do You Have as a Spouse

[Just and Fair]

My question involves a marriage in the state of: Michigan
I was married in 2007. We bought a home in 2009 in his name only. I paid a "Gift" of $5000 approx. towards this home. I was in college when we met and he insisted I get a job and not finish. I have $36000 in st. Loans.
A month ago he split up our checking acct and separated everything and left me with nothing. I do work and have worked through out this marriage...just different jobs...where he has longevity at his.
He stated he went to an attorney who told him everything is in his favor so he wants to split everything up and stay married...I think somethings wrong and I feel I am being "set up" if you will. I wanted to know what my rights are..property, assets, pensions, alimony, anything and everything there is to know. He makes more money than I do.

[jk]

he wants to split everything up and stay married.

if you are going to stay married, it makes no sense to attempt to split up anything. You would start to acquire interest in things like the house and pensions and such the moment after you signed any division agreement if any marital funds were used to purchase or fund them going forward.


Given the situation, I would head on down to a lawyers office.

[Just and Fair]

There has been no Division agreement signed. What is being split up is our bank accts ..his with his name only..mine with my name only... and bills. I was wondering if I have rights to anything like the house even though it is in his name only. I just initialed the closing paperwork on the house but my name isn't on it.

What do you mean I would start to acquire interest...the moment AFTER I signed division agreement (which I haven't signed anything) Can you explain more?

[jk]

Until you divorce, each of you have the right to whatever is actually yours. Only due to the divorce would either party be able to claim an asset other than those held exclusively in their name.

Example: if you remain married, when he draws from his pension, it is his money. If you divorce, you may have a claim to some share of the pension.

So, once somebody files for divorce, a division can be proposed. Until then, what's his is his and what's your is yours.

[Just and Fair]

Is it better to file first or doesn't it matter then?
Thank you for your responces.
Seems kinda backwards.
Seems like if you are married ...you'd share..and if divorce..you claim what's yours..

[Dogmatique]

Forget alimony. It's just not likely given such a short marriage.

How is the house actually deeded?

[jk]

Is it better to file first or doesn't it matter then?
Thank you for your responces.
Seems kinda backwards.
Seems like if you are married ...you'd share..and if divorce..you claim what's yours..

the problem with claiming what is yours, based on the marriage, it is not as simple as saying: My name is on this so it is mine, Your name is on that so that is yours. As a wife, you likely have acquired some interest in the home but while married, it is all his. If you get divorced, then you can make a claim to your share of the home. You may have a right to some of his pension but while married, the checks will come in his name and that is his money to do with as he pleases. If you divorce, if the order grants you some share of that pension, then that is what you get.

and then what do you do with jointly purchased property? Get out the big saw and cut the couch in half?

as to filing first: I do not believe it matters.

[Just and Fair]

deeded in his name

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You are funny. Thanks for the laugh.
As far as separating our checking accts...will this hurt me somehow in divorce or doesn't that matter either.

[jk]

What do you mean I would start to acquire interest...the moment AFTER I signed division agreement (which I haven't signed anything) Can you explain more?

unless it has been changed in the last couple of years, a woman acquires dower rights in a house, even if she does not own it, due to the marriage. Even if you signed away all of your interest acquired up to the time of signing a deed, immediately after that, you begin acquiring new interest in the home.


Think of it like interest on a bank account. Your principle (the house) earns interest (equity). Due to the marriage and dower rights, you have a claim to some share of that equity. If you take all of the interest out of the account today but leave the principle in the bank, it starts earning more interest tomorrow. You get your share of that interest as well so, until a divorce is filed, there will always be that interest (equity) accumulating.

[Just and Fair]

I see. Thank you.
The deed is in his name only. This shouldn't matter ...right?