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Cheaating Spouse and Property Division

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  • 05-16-2011, 08:08 PM
    wonderinghow
    Cheaating Spouse and Property Division
    My question involves a marriage in the state of: Michigan

    My spouse and I separated 6 months ago due to his ongoing affair. He stayed in our home which generates $400.00 a month in rental income (there is a small apartment attached to the house). We are both employed with his income approximately $20,000.00 higher than mine annually. He has retirement through his employer and I have none. If I were to file for divorce would I have any right to half of the rental income and the retirement? The deed to the house is in both names however the mortgage is in his name alone. We were in bankruptcy which was discharged in February.
  • 05-18-2011, 10:36 AM
    Mr. Knowitall
    Re: Cheaating Spouse and Property Division
    You can petition for a share of the rental income during the pendency of the divorce as a marital asset. I would expect that ownership of the home will be resolved in the divorce and that subsequently whomever owns the house would receive the rental income.
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