[blind914]

Hello I have a question, me and my husband has been married for 18 years, and we are in the process of buying a home in Detroit Michigan, his name is the only name on the deed, is this just his home or does it matter if my name is not on the deed.

[Wondergirl]

Is your name on the mortgage papers?

Why isn't your name on the deed?

[blind914]

Someone had told me that it didn't matter whose name was on what that's it community property and I just wanted a confirmation on that.

[GV70]

someone had told me that it didnt matter whose name was on what thats it community property and i just wanted a confirmation on that.

No, it is not true. Michigan is not a community property state, Michigan is an equitable distribution state :)



According to Michigan law, the court has the power to award to either party the real and personal estate that the party acquired during the marriage, or the value of that interest in money. As a general rule, the court will start at a 50/50 split and then consider the need to deviate from there.

Since Michigan is an "equitable distribution" state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair.
Although there is no hard and fast rule, factors for the court to consider are:
• Duration of the marriage;
• Contribution of the parties to the marital estate;
• Age of the parties;
• Lifestyle and status of the parties;
• Necessities and circumstances of the parties; past relations and conduct of the parties; and
• General principles of equity.

Michigan Legislature - Chapter 552
552.401 Property owned by spouse; award to party contributing to acquisition, improvement, or accumulation thereof; effect of decree.

Sec. 1.

The circuit court of this state may include in any decree of divorce or of separate maintenance entered in the circuit court appropriate provisions awarding to a party all or a portion of the property, either real or personal, owned by his or her spouse, as appears to the court to be equitable under all the circumstances of the case, if it appears from the evidence in the case that the party contributed to the acquisition, improvement, or accumulation of the property. The decree, upon becoming final, shall have the same force and effect as a quitclaim deed of the real estate, if any, or a bill of sale of the personal property, if any, given by the party's spouse to the party.