I’m a single person whose partner recently purchased a home. We developed a romantic relationship. We made the decision to share that home. I gave something for the house. I helped with the down payment. We now decided to part ways. Can I get half of the house my ex bought before marriage if I helped with the deposit?
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The ownership issue is straightforward when both partners are listed on the title or deed to the property. Since they both own the asset, it is simpler to share it. If only one partner’s name appears on the title or deed, things get tricky. The home may be claimed by a partner. The court may decide to combine the claims for the house and the divorce. Alternately, it can be left as a whole distinct matter that the pair can resolve later.
A husband or wife who owns or acquires property does not consider the prospect of divorce. Married couples don’t think about whether their individual property is separate or marital. It’s always beneficial to think about “what-ifs” in marriage.
Keeping the titles separate is obviously one straightforward way to keep property separate. Enter into a prenuptial or postnuptial agreement. Both parties can concur on an agreement that specific property will remain separate. The distinction between “separate” and “marital” property should not be contentious. It need not be a topic of discussion in court. At least it won’t if the couple is able to agree on how their assets should be split on their own. Or, with the aid of their counsel.
What are marital and separate property in a marriage?
All items acquired during the marriage are considered marital property. The asset could be tangible or intangible. Following are a few examples of what Michigan law commonly considers to be marital property:
[ a ]�� The house the couple purchased after getting married.
[ b ]�� The money the woman earned when she was married while working as a hotel cashier.
[ c ]�� The husband’s retirement plan.
Separate assets or separate property are those obtained before marriage. Items received in marriage like gifts or inheritances can be viewed as separate property.��
A spouse’s inheritance while still married is considered separate property. A spouse prevails in a personal injury lawsuit. Obtains pain and suffering damages. The damages are frequently considered separate property.
Marital property in Michigan is divided in accordance with the “equitable distribution” doctrine (MCL 522.401). This implies that the court will list the marital assets and debts, and then it will proceed to split them fairly among the parties. Only marital property���which includes both assets and debts���is divided by the court. But let’s be clear: In a divorce, only marital property is distributed. Any separate property, usually referred to as non-marital property, will not be divided as a result.
How can separate property become commingled?
A separate asset may occasionally merge with or become marital property. There is enough legal precedent to explain how this occurs. Here is one possible scenario. You made use of the distinct property for the advantage of the family. Alternately, the asset was joined with marital assets.
The word “commingled property” refers to the blending of assets. It is the “commingling” of separate and marital property. Why is this an issue in the property division? The court must be able to tell which property is separate and which is marital for the property division. Commingling makes it difficult, if not impossible, for a court to find which is which. The court can’t figure out how much is marital property and how much is made up of the separate property. The spouse mixing separate assets can discover the challenges of property division. The assets are now liable to distribution during divorce as a result of mixing.
Separate property will not be divided if it can be traced back to the marital property. Separate property cannot be located if it has been commingled for a very long time. It has undergone major changes. and it cannot be identified. That asset becomes marital property for the purposes of distribution.
Can I get half of the house my ex-spouse bought before marriage if I helped with the deposit?
There are instances where separate and non-marital property may mix with marital property. Certain homes may be included in property division in a divorce. The couple has an investment income. The home’s worth rises to support the marriage, or if both parties gain from the asset. The judge may need to give this situation significant thought. The inclusion of the house as marital property falls into a gray area. No real estate was involved in the marriage. A special approach and expertise can determine and guarantee the house are separate.
It is passive throughout the marriage rather than going through a division process. The asset may continue to belong to the spouse.�� The other spouse could benefit financially from the divorce. It is active in some way or generates an interest. The presence of the property creates a gray area. Especially when one or both parties live there while they are engaged in a legal relationship. Depending on the state and the judge, an asset may become marital property. One person puts time or money into it or helps pay the mortgage.
It is possible to change the status of an asset from separate to marital. In rare instances, one spouse uses it for the marriage even though it was separate before. This occurs when one spouse gifts something to the union. A spouse maintains a home independently of the other spouse. The spouse can earn money from renting it out to others. The spouse can guarantee there’ll be money in the marriage in the event that either spouse lost their job. The couple can have income during difficult financial times. The separate asset referred to as the home is now considered marital property. The home can be subject to the division of assets upon divorce as a result.
Separate property given immunity from property division can be commingled. It can lose its separate status. This happens when separate assets are mixed with money from the marriage. Separate properties like deposits, contributions, and investments can move through these processes. They end up as marital property. This could arise by chance or develop naturally over time.
Your ex-spouse bought a house before your marriage. You help put up a deposit. You just commingled your ex-spouse���s house with your money by putting up the deposit. The house became a marital asset. You���re now entitled to share during property division.
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