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  1. #1
    Join Date
    Nov 2009
    Posts
    9

    Default Spouse's Rights to a Home I Was Purchasing From a Parent

    My question involves a marriage in the state of: Michigan

    The house my wife and I live in was paid for by my father before we where married and I was paying my father. I payed him for a period of just over 7 years while my wife and I were married and he passed away. My wife and I have always had separate bank accounts and she never contributed any money to the house payments. She has never contributed to any payments of property taxes, insurance, maintenance or improvements on the home. Does she have any rights to be paid for any value of the home in a divorce settlement? Originally there was no deed filed on the home as it was built on property my father and I owned jointly. A deed was filed jointly in my father's and my name about 4 years into the marriage. After my father died my wife and I had wills drawn up. Quit claims where filed for my wife and I for purposes of the will but I cannot find any type of deed being drawn up for the property in my wife's and my name.

  2. #2
    Join Date
    Oct 2006
    Posts
    15,983

    Default Re: Wife's Right to Payment for House

    Quote Quoting seanw
    View Post
    My question involves a marriage in the state of: Michigan

    The house my wife and I live in was paid for by my father before we where married and I was paying my father. I payed him for a period of just over 7 years while my wife and I were married and he passed away. My wife and I have always had separate bank accounts and she never contributed any money to the house payments. She has never contributed to any payments of property taxes, insurance, maintenance or improvements on the home. Does she have any rights to be paid for any value of the home in a divorce settlement? Originally there was no deed filed on the home as it was built on property my father and I owned jointly. A deed was filed jointly in my father's and my name about 4 years into the marriage. After my father died my wife and I had wills drawn up. Quit claims where filed for my wife and I for purposes of the will but I cannot find any type of deed being drawn up for the property in my wife's and my name.
    She has the right to the amount of equity that accrued during the marriage. Whatever portion of it was inherited by you is your separate property. However if you used marital funds (your wages are marital funds) to pay during those 7 years, at least those 7 years of equity gain are marital property.

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