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  1. #1
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Quit claim deed

    What are Dower Rights?
    Michigan is a dower rights state which means that a married woman has an equal interest in any property owned by her husband, regardless of when the property was acquired or whether she is specifically named on the deed. For this reason, married men cannot acquire property in their name only if they are doing so with new mortgage financing, inasmuch as the lender will require the wife's signature and name on the deed to perfect their lien. A married woman may acquire property in her name only.

    That is from: http://www.weirmanuel.com/buySellFAQ.php#q10

    It gives a concise view of dower rights. Now, if I remember correctly and without further investigation, I believe that a woman cannot release her dower rights in Michigan based upon statute.

    Concerning the mortgate: both of you will be equally liable for the motgage until the finance company releases one of you from it. Now about the only way this is going to happen is if the current mortgage gets paid in full. i.e. refinanced. Even if you refinanced without your wifes name on the mortgage or deed, she still retains dower rights.

  2. #2
    Join Date
    Jul 2006
    Location
    Michigan
    Posts
    19

    Default Re: Quit claim deed

    this is part of what the quick claim deed states: Does this protect my home?
    Grantor relinquishes all past, present and future rights, title and interest in subject property, including homestead and/or dower rights and any future divorce lein rights.. Grantor executes this instrument with full understanding of the conquences of his/her act and does so free of duress.
    d?or can she still sue for dower rights if we get divorced?

  3. #3
    Join Date
    Jul 2006
    Location
    Michigan
    Posts
    19

    Default Re: Quit claim deed

    OR, what if she (my wife) signed the title and I signed the title over to my parents therefore I would not legally own the home? Is that an option?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Quit claim deed

    You seem pretty convinced that you are going to be getting divorced....

  5. #5
    Join Date
    Jul 2006
    Location
    Michigan
    Posts
    19

    Default Re: Quit claim deed

    ya, unfortunately.. I dont want the divorce, but I cant force her to stay married. Everyone at work said Im going to lose everything including my home, which I purchased a year before we were married but I guess that doesnt matter. im just trying to protect my home from her. Everything else is just material, but my home is worth $200,000.00. I REALLY dont wanna lose that since ive made every payment.

  6. #6
    Join Date
    Jul 2006
    Posts
    984

    Default Re: Quit claim deed

    That's right, and she has done nothing but take care of your home and bear and raise your children, responsibilities which have no value? SHE is so miserable that she has left you twice and with a 15 week old infant, have you ever heard of post partum depression? Were you together when you bought the house and did you intend to raise your family in that house with her, when you bought that house? You do realize you are going to get stuck with child support?
    Michigan is an "equitable distribution" state, generally meaning that all marital property acquired during the marriage is subject to division. Property brought into the marriage i.e. that a person had before the marriage are not subject to division in a divorce, unless you have given her that right when you refied, so she may be entitled to at least a portion of the value of the home and possibly even spousal support for a time since she was not employed outside the home.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Quit claim deed

    The appreciation in value in the marital home during the marriage would be a marital asset. There are a lot of factors beyond that which can affect how a court would treat the home within the context of a divorce. You should consider consulting a divorce lawyer rather than trying to make your own loopholes to the law, as a judge might view efforts to get your wife to sign a quitclaim in anticipation of divorce to be overreaching conduct.

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