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Will half of martial home to my sister and brother

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debbadebba

Junior Member
What is the name of your state (only U.S. law)?
Michigan
My husband and I own our home outright. We bought the home while married, there is a quit claim deed in my husbands name only. Also my 89 year old Mother lives with us. If I were to die, I would like for my Mother to have a place to live until she dies with my brothers care, my brother is caring for her in our home now. I would also like my daughter, sister, and brother to inherit my half of the property. Is this possible?
 


anteater

Senior Member
I think that you need to have a talk with your husband about this.

Even if you had been included as an owner when the property was acquired, I believe that Michigan considers joint ownership by husband and wife as what is called tenancy by the entirety unless the deed explicitly states that the property is owned otherwise. And tenancy by the entirety includes a right of survivorship so that, if one spouse dies, the other spouse automatically gains sole ownership.

(As I said, I believe that is the default in Michigan for real property jointly owned by husband and wife. I am quite open to correction.)

For one spouse to be able to devise their ownership interest through a will or trust, the property would have to be owned as tenants in common.
 

debbadebba

Junior Member
My husband made me sign over the house, Quit claim deed, to him about 3 years ago. I suffer a mental disorder and am collecting Social Security Disability.
Can I get my name back on the Title?
 

curb1

Senior Member
How did your husband make you "sign over the house" three years ago? How was the house titled before that time?
 

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