Property

[attareb1]

I live in Michigan. I filed a personal injury lawsuit in August of 2013. I got married in November of 2013. My husband and I have been seperated almost 2 years. We have no shared funds or housing. In may of this year I received my settlement and purchased a home and vehicle. He has now filed for divorce. Is he entitled to my home?

 

[adjusterjack]

Is he entitled to my home?

No.

Understand that there is a difference between ownership and marital interest.

You own it.

Married people often share a marital interest in property acquired during the married even if only one spouse owns. However, since you have been separated for two years it is unlikely that the court will award him any money based on the house and the car even if he claims it, not only due to the length of time that you have been separated but because you probably have little equity in the items unless you paid cash in full for both.

You say he filed for divorce. Have you received your summons and petition? What does his petition ask for? If it asks for money based on the house and the car, you'd better get yourself a lawyer damned fast to properly respond to the petition. Without a lawyer you won't know how to fight his claims and you might get steamrolled.

 

[Whoops2u]

For you generally, a personal injury settlement/judgment is going to be separate property. See "personal injury award and pain and suffering" at: https://www.michbar.org/file/journal/pdf/pdf4article2340.pdf

Changing the character of the property from cash to real estate and personal property does not change the status of separate and marital. I agree with /u/adjusterjack there is little direct challenge to your ownership of the properties. You might need an attorney to defend your claim if it gets to that. A more likely avenue to squeeze you is to use the fact you own the house and vehicle in order to try and get alimony.

 

[HRZ]

MIchigan is an equitable distribution state .....and I don't know where there is a time line in your state sands as to separation ....and IF you comingled separate property ( money) from your injury settlement with any marital funds in any common accounts Hubby may have a point up for debate about a slice of value of home or car ....unless its darn clear he is not seeking money you best plan on using paid counsel on your side to protect your point of view ....probably smart even if he does not seem to be seeking anything you think is yours ...and absent counsel you might overlook things on his side of table that may be up for division like retirement plans .

 

[Whoops2u]

MIchigan is an equitable distribution state .....and I don't know where there is a time line in your state sands as to separation ....and IF you comingled separate property ( money) from your injury settlement with any marital funds in any common accounts Hubby may have a point up for debate about a slice of value of home or car ....unless its darn clear he is not seeking money you best plan on using paid counsel on your side to protect your point of view ....probably smart even if he does not seem to be seeking anything you think is yours ...and absent counsel you might overlook things on his side of table that may be up for division like retirement plans .

August 2013 injury occurs.
November 2013 marriage occurs.
About July 2016 parties seperate
May 2018 settlement received and house bought

I suspect commingling is not going to be an issue.

 

[LdiJ]

Money from personal injury suits is usually intend to cover medical expenses both past and future, therefore generally are considered to be separate property anyway.