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partition of real estate

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Bon Ami

Guest
could someone please explain to me exactly what could happen in the partition of real estate. will a judge take into consideration the fact that one party hasn't worked in 5 years and that children are involved? this partition would be in the state of michigan. what would each party be entitled to considering that there are no documents saying what each would recieve if the relationship dissolved?

thank you in advance
Bon Ami
 


HomeGuru

Senior Member
Bon Ami said:
could someone please explain to me exactly what could happen in the partition of real estate. will a judge take into consideration the fact that one party hasn't worked in 5 years and that children are involved? this partition would be in the state of michigan. what would each party be entitled to considering that there are no documents saying what each would recieve if the relationship dissolved?

thank you in advance
Bon Ami
**A: Mom Ami,
please provide the details.
 
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Bon Ami

Guest
HomeGuru re: partition of real estate

I am writing for my friend, she has spent the last 14 years(unmarried) with this man who is the father of both of her children. he has decided to move on with his life (mid life crisis i suppose). 2 months after they moved into this house, he put her on the title through a quitclaim deed as a joint tenant with rights of survivorship. there are no stipulations on the quitclaim that state how the property should be divided should they split up. she has been a stay at home mom since 1997. they have been in this house for 4 years now. what is she entitled to? she may not pay the mortgage, but she does clean, cook, take care of kids, and all the things that go with motherhood. she would have asked you about this matter herself, but the one in "crisis" took the computer out of the house so she couldn't look for this kind of info. please help! She is afraid she might be on the street.

thanks again
bon ami
 
Last edited:

HomeGuru

Senior Member
Based on the info you provided, the spit would be 50/50. Even if he allowed her to keep the property or the judge allowed her to keep over 50%, she would need to qualify to refinance the mortgage to take him off. She will be unable to do this without employment. So it looks like she will lose the property.
 
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Bon Ami

Guest
HomeGuru re: partition

If he decides he wants to sell, or stay in the home would he have to pay her off for her 50% of the home? would that be 50% of the value of the property, or of the equity in the home? she also wants to know if she could possibly end up with nothing, and what the reasons would be for a judgement of such?

thanks
Bon Ami
 

I AM ALWAYS LIABLE

Senior Member
My response:

After only 4 years of owning the house, there is virtually no equity to spit; i.e., only equity is split, and any profits above the original cost of the house. However, once the house is ordered sold, and realtors to pay, and other incidental costs, there will, more than probably, be nothing left to divide.

Since she had no protections that marriage would have provided, and with the exception of child support, and the kindness of friends or family, your friend will have no money, and is as good as on the street.

IAAL
 

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