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Divorce looming...not on house

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notquitesure

Junior Member
What is the name of your state? MI

Divorce is possible looming in our future.

When Imarried my husband two years ago, he owned a home. A year after we were married, he sold the house and we moved into a new home. I never signed any paperwork on the sale of the first house ( Iwa snot on the mortagge or deed), and I am not listed anywhere on the new house (not on mortgage or deed). I found the ppwrk for the new house, and he is listed on the paperwork as a 'single male.' I asked him about it - claims it to be a mistake and said it would be fixed when we refinance. It has been almost a year, we have not refinanced, I am still not on the ppwrk, and he is still listed as single. I verified with the state that our marriage certificate is on file. I give him a monthly sum towards the mortgage and household bills.

Should a divorce happen, am I entitled to anything? Better yet, what consequences are in store if any for him having the ppwrk listed fraudulently.
 


wherami8

Junior Member
What is the name of your state? MI

Divorce is possible looming in our future.

When Imarried my husband two years ago, he owned a home. A year after we were married, he sold the house and we moved into a new home. I never signed any paperwork on the sale of the first house ( Iwa snot on the mortagge or deed), and I am not listed anywhere on the new house (not on mortgage or deed). I found the ppwrk for the new house, and he is listed on the paperwork as a 'single male.' I asked him about it - claims it to be a mistake and said it would be fixed when we refinance. It has been almost a year, we have not refinanced, I am still not on the ppwrk, and he is still listed as single. I verified with the state that our marriage certificate is on file. I give him a monthly sum towards the mortgage and household bills.

Should a divorce happen, am I entitled to anything? Better yet, what consequences are in store if any for him having the ppwrk listed fraudulently.
take my words with a grain of salt as I am not a law person. I think Michigan is not a community property state, hence the division of assets are upto the judge presiding your case.

I think some facts need to be considered before even making a remotely intelligent guess. Did you both work during the married period ? If yes, were the two parties' income comparable ? Any kids, together or from the past relationships ?

Assuming everything else being equal, on a fair thinking basis, you have contributed to the value of his old house for a year. So, the appreciation of that property between the time you got hitched and the time he sold it, is a plus in the mariatal assests.

Also the difference between the value of the house when it was purchased and when the divorce is final, is also an addition to the marital assets. Keep in mind, if he put the downpayment from his premarital funds, it still is his money, not both of yours.

In a fair division of assets, you should receive the half of the two items I listed above. Having said that, judges are only human and they are always biased regardless of what they say or make you think. If you get a judge who is more sympathetic towards you than your hubby, you will end up with more and in the case of opposite angle, you may get less.

When it comes to the criminality of his action, you need to consult with a Michigan lawyer. I am sure putting down false facts on a legal paper has some ramifications in every state but it can really be an honest mistake that the clerk who filed the papers had made. It does not strip you from your legal rights on the property.

good luck
 

LdiJ

Senior Member
What is the name of your state? MI

Divorce is possible looming in our future.

When Imarried my husband two years ago, he owned a home. A year after we were married, he sold the house and we moved into a new home. I never signed any paperwork on the sale of the first house ( Iwa snot on the mortagge or deed), and I am not listed anywhere on the new house (not on mortgage or deed). I found the ppwrk for the new house, and he is listed on the paperwork as a 'single male.' I asked him about it - claims it to be a mistake and said it would be fixed when we refinance. It has been almost a year, we have not refinanced, I am still not on the ppwrk, and he is still listed as single. I verified with the state that our marriage certificate is on file. I give him a monthly sum towards the mortgage and household bills.

Should a divorce happen, am I entitled to anything? Better yet, what consequences are in store if any for him having the ppwrk listed fraudulently.
You bought the house during the marriage, therefore it is marital property, despite the fact that he defrauded the mortgage company by having himself listed as a single male. However, as long as the mortgage is paid, on time, its unlikely that the mortgage company would take any action against him.

However, I personally wouldn't help my husband make the mortgage payment in that scenario.
 

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