Now Accepting New Clients!

DIVORCE 10: Plaintiff contends that the home is not marital property, but rather separate property not subject to invasion.

Plaintiff’s father, purchased a parcel of land and Plaintiff’s father intended that plaintiff and defendant would live in the home and, upon their death, pass the property to their daughters.

Plaintiff’s father testified that, while defendant was out of work, he helped oversee construction of the house. Plaintiff’s father paid for childcare for the children while defendant worked on the property, but did not pay defendant for his work. To fund the construction, Plaintiff’s father opened a bank account in his, plaintiff’s, and defendant’s names so that everything was managed from one account. Only Plaintiff’s father deposited funds into the account.

The record indicates that construction of the home was a team effort. Defendant was apparently on site working every day and performed considerable work on the house and surrounding property. Construction on the home ended in 2012, and on October 25, 2012, Plaintiff’s father quitclaimed his interest in the property to plaintiff. In December 2012, plaintiff, defendant, and their two daughters moved into the house.

Plaintiff and defendant made accommodations and alterations to the home after moving in. Plaintiff also took out a mortgage on the home in her name, but defendant, as her husband, was required to sign the paperwork. Plaintiff used the mortgage funds to pay for work on the house, outstanding bills for materials, and to pay off vehicle loans for her and defendant. During the marriage, the parties pooled their monies and used their joint resources to pay all the bills; both were in charge of finances. However, when plaintiff lost her job in 2014, defendant became employed to support the family. Although plaintiff became reemployed within a month and again began contributing to the mortgage payments and family bills, defendant continued depositing his paychecks into their joint account, made mortgage payments, and paid the bills for the next six months. Plaintiff filed for divorce on January 27, 2015.

At trial, plaintiff requested that the trial court award her the home, whereas defendant requested 50% of the home’s equity. The trial court concluded that the home was marital property subject to division because defendant contributed to the marital home by working on it; plaintiff and defendant lived together in the home for two years; and defendant paid for the expenses of the home for six months. The court found that the parties comingled funds to build and maintain the home. The court further concluded that, even if the home was to be considered separate property, it would be subject to invasion because defendant extensively improved the property.

Are you facing a divorce in Michigan? Do you have questions about how your assets and your debts will be divided with your soon-to-be ex-spouse? Financial issues are often the biggest concern for individuals and families who are facing divorce.

At the Plymouth and Ann Arbor law firm of Aldrich Legal Services, our attorneys understand the struggles you may face. We will work hard to help you obtain all to which you are entitled during your divorce.

Contact Aldrich Legal Services

FAMILY LAW 77: Court awarded plaintiff sole legal custody; defendant was unwilling to work with plaintiff.

For joint custody to work, parents must be able to agree with each other on basic issues in child rearing including health care, religion, education, day to day decision making and discipline and they must be willing to cooperate with each other in joint decision making. If two equally capable parents are unable to cooperate and to agree generally concerning important decisions affecting the welfare of their children, the court has no alternative but to determine which parent shall have sole custody of the children.

CRIMINAL 19: Sentencing guidelines are advisory.

The sentencing guidelines are advisory, and although a trial court must determine the applicable guidelines range and take it into account when imposing a sentence, the court is not required to sentence a defendant within that range.

Basic responsibilities of an executor

Originally posted on 01/11/2017 The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s...

What you need to compliment your will

Originally posted on 02/08/2017 Making end-of-life plans usually end with a will, but they shouldn't. Some believe that simply having a will is enough. However, this post will briefly explain how having other estate planning...

The benefits of home health care providers

Originally posted on 03/22/2017 As we get older or suffer an injury, we need a little extra help. Home health care providers or caregivers can provide the assistance needed to handle your or your loved one's health and safety...

What to know about bail conditions

Originally posted on 03/06/2017 If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and...

College students and estate planning

Originally posted on 12/16/2016 With college semesters starting up in Michigan, it may not be so easy to get college students to think responsibly. This time can be especially tough with the need of moving back to school and getting...

Three reasons to put a power of attorney in place

Originally posted on 11/08/2016 While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this...

How to approach parents about estate planning

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000