OT: Michigan Real Estate Law
 

Michigan Real Estate Law

I was wondering if anybody knew the legalities of somebody buying a house without their spouse’s endorsement (signature) at closing. Is this legal? I’ve heard a rumor that a wife is legally entitled to this in Michigan. If this is true, I may potentially get screwed pretty badly by the future ex Mrs. Bayley.

Any input would be appreciated.

-Bayley

I'm fairly certain it depends on whether the house is in both of your names. If it is, both of you have to sign before it can be sold.

Also, if you're looking at divorce, I think they would freeze any assets until a settlement is reached. Not sure though, I don't have any first-hand experience in that area.

Best advice - talk to a lawyer, or maybe a realtor.

So you are still married to Mrs. Bayley? I would think that the house would be marital property and she'd be entitled to half of it.

Bayley, if you are purchasing a house and you are still legally married you CANNOT do it without the wife's signiture on the mortgage and TIL statement(other docs too depending on the lender). It is called dower rights. It basically keeps you(or her) from buying real estate without the other knowing about it.

Thanks guys.

Mrs. Bayley informed me last night that she is going to close on a house next week some time. I didn't think this was (is) legal, since we are still married. I guess if want to play hardball I could try to get half of the house value from her when the time comes. I've got most of my assets already locked up nice and tight (I'm a really bad poker player :D ) so there is no worries there. I'll just be very disappointed if she goes through with this (the house).

-Bayley