Michigan, like most states, is not a community property state. Only in community property states does each spouse automatically get a vested 1/2 interest in marital property by virtue of the marriage. Michigan is an equitable distribution state. And while equitable means fair, it doesn't necessarily mean half. This can get tricky. I can even see your husband (or his attorney if he has one) making the argument that the home isn't even marital property since it was acquired before the marriage. But generally, the court tries to make sure that whoever has physical custody of the children will get the house. The other spouse may be entited to be compensated for a certain value of the house which in your case would almost assuredly have to be done through cash payments since there is no mortgage to be bargained with. Theoretically it could be sold and the proceeds divided. Honestly, it will all depend on a lot of facotrs and what kind of agreement you and your husband can come up. If you can't decide, it will have to go to trial and the judge will decide.
But I would recommend hiring a lawyer if you haven't already because this can get far too complicated and overwhelming to do on your own. Especially if your husband has a lawyer. You want to make sure that you are being treated fairly and not getting cheated out of anything that is rightfully your's.
If you would like to discuss this further, please feel free to give me a call at (517) 614-1983 or email me through my website. Best of everything.
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