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Legally separated new will for my half of house possible?

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Gloryws

Junior Member
I'm from Michigan. Normally when you own a home with a spouse you want your spouse to get the whole house in case of you passing first, but when headed for divorce it is not like that. My house is worth over $400,000 and has no mortgage and it is in my name and my spouses and we are 75 years old. My question= is it possible for a lawyer to set up a will or something that will protect my half of house in the event of my passing during the separation period headed for divorce? I would like to leave my half of house to my child. Normally you cannot leave your half of house when you are a joint owner and married without approval of spouse also, so this would have to be something special for people separated or divorced.
 
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divgradcurl

Senior Member
Gloryws said:
I'm from Michigan. Normally when you own a home with a spouse you want your spouse to get the whole house in case of you passing first, but when headed for divorce it is not like that. My house is worth over $400,000 and has no mortgage and it is in my name and my spouses and we are 75 years old. My question= is it possible for a lawyer to set up a will or something that will protect my half of house in the event of my passing during the separation period headed for divorce? I would like to leave my half of house to my child. Normally you cannot leave your half of house when you are a joint owner and married without approval of spouse also, so this would have to be something special for people separated or divorced.
How is the house titled? If it is titled joint tenancy (or tenants in the entirety), then there isn't any way for you to leave your interest to someone else while the house is still titled that way. If it is titled in JT, go see a lawyer about getting the house retitled as tenants in common.

If the house is titles as tenants in common, then you can leave your interest to whomever you want in your will. But either way, go see a lawyer to make sure your wishes will be met.
 

Gloryws

Junior Member
Thanks for that info. Is it possible to change the title to tennants in common with only one owner agreeing to it?
 

divgradcurl

Senior Member
Gloryws said:
Thanks for that info. Is it possible to change the title to tennants in common with only one owner agreeing to it?
Well, if you actually get divorced, the divorce will automatically change the joint tenancy into a tenants in common -- see Michigan Compiled Laws 700.2807. Before divorce, it's more difficult to sever the joint tenancy, but not impossible -- transferring your interest in the house to someone else would sever the joint tenancy. You could also ask the court to partition the house, although that usually involves selling the house. There may be other ways to sever the joint tenancy -- talk to a local attorney to see if there are any other ways to sever the joiunt tenancy without selling the house.
 

Gloryws

Junior Member
Wow, that's an interesting way to try. Transfer interest in the house. This might not work for everyone, but for myself I would be willing to do that. Any idea how much I can expect to pay an attorney to do this?
 

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