In a divorce if the wife has inherited property can she claim the husbands equity on his property

Asked almost 4 years ago - Mount Pleasant, MI

In divorce of 9 yrs the wife has inherited property or has property but the parents of the wife is alive can the wife claim martial property and equity of the husband property?
the wife has not live on the property or the home

Attorney answers (2)

  1. Monika U. Holzer Sacks

    Contributor Level 9

    Answered . I believe this question is similar to the last question. If wife has inherited the property, meaning the title to the property has transferred to her name after someone has died, and she has not added husband's name to the title, then it would be considered separate property in Michigan. However, if husband helped her acquire the property or helped maintain the property, then he may have a claim to it's value.

    If husband's property was purchased during the marriage with money earned during the marriage, it would be marital property. if the property is jointly titled in husband and wife's name, it would be marital property. Marital property is divided between the couple. If the property was owned by husband before the marriage and wife's name is not on the title, the property is separate property unless wife helped in the acquistion or maintenance of the property. If husband added wife's name to the title of the property, she may have a claim on the equity.

  2. Henry S. Gornbein

    Pro

    Contributor Level 16

    Answered . The laws in Michigan are that if either you or your husband have separate property by gift or inheritance and it is always kept in separate names then often it goes to the spouse who has reeived that property and it is not treated as marital property. There are exceptions to that rule and it is important to have all of the facts. I urge you to talk to a local attorney who specializes in family law for more specific advice and information. Good luck to you.

    Henry Gornbein

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,783 answers this week

2,984 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,783 answers this week

2,984 attorneys answering