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Divorce/abuse

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cheldeneen

Junior Member
What is the name of your state?What is the name of your state?undefinedWhat is the name of your state? Michigan

I have been in an abusive relationship for six years. I have filed about four police reports and had one protection order, unforturnately, I have never pressed charges. The last attack, though mild has pushed me to the end. Now I want out of the marriage. My question is can I have my husband removed from the home before the divorce is final? I purchased the home prior to our marriage but we did refinance and do an equity loan however, I don't believe he is on the deed or title. What are my options?? :confused:
 


BelizeBreeze

Senior Member
cheldeneen said:
What is the name of your state?What is the name of your state?undefinedWhat is the name of your state? Michigan

I have been in an abusive relationship for six years. I have filed about four police reports and had one protection order, unforturnately, I have never pressed charges. The last attack, though mild has pushed me to the end. Now I want out of the marriage. My question is can I have my husband removed from the home before the divorce is final? I purchased the home prior to our marriage but we did refinance and do an equity loan however, I don't believe he is on the deed or title. What are my options?? :confused:
It doesn't matter if his name is on the deed if "we did refinance and do an equity loan". That action alone converted the home to marital property. And unless you have a CURRENT order of protection, he has as much right to be in the home as you do.

Michigan is an equitable distribution state which means that the court may distribute any assets of either party in any manner it sees fit. The standard is that the property division must be fair and equitable under all of the circumstances of the case.
 

cheldeneen

Junior Member
What??

So, if I left the home pending the divorce what will happen to me? He is not on the mortgage. Will I be responsible for paying it? Will it be as if I abandoned my home?
 

LdiJ

Senior Member
cheldeneen said:
So, if I left the home pending the divorce what will happen to me? He is not on the mortgage. Will I be responsible for paying it? Will it be as if I abandoned my home?
Ok...please clarify....

Is he on the deed?
Is he on the mortgage?
Is he on the home equity loan?

You made it sound before like you had refinanced together. Which is it?
 

cheldeneen

Junior Member
Clarification

He is on the equity loan that is with a separate company from the mortgage holder. According to my mortgage lender they only have my signature on their loan papers. I have never put him on the deed. I could check with the city clerks office to verify. Can I leave this house without being in trouble??
 

LdiJ

Senior Member
cheldeneen said:
He is on the equity loan that is with a separate company from the mortgage holder. According to my mortgage lender they only have my signature on their loan papers. I have never put him on the deed. I could check with the city clerks office to verify. Can I leave this house without being in trouble??
I honestly don't recommend that you leave the house. He could easily destroy your credit by not making the mortgage payment. He really should be the one to leave.

However, putting his name on the equity loan probably wasn't wise.

You need to get a consult with a local attorney.
 

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