If a married woman owns a home, acquired before marriage, what claim does the husband have to the property if she were to try to sell it without him?

Question Details:

If a married woman in Michigan owns a home what claim does the husband have to the property if she were to try to sell it or sign it over to someone without his knowledge or permission? It was acquired before marriage. She has a Will and a child from previous marriage. His name is not on the mortgage or property in any way. They have been married for 10 years and she doesn't work. Does he have any protection or ownership in the property? Are there dower rights? If so, what percentage would he get and wouldn't he have to sign off on it?

Asked 11/14/2009 under Real Estate | 600 View(s) | More Legal Topics

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Real Estate Law Answers

John Tatone / John R. Tatone & Associates, PLC Answered 2 years ago | Contributor This attorney is licensed in Michigan

Men do not have dower rights in Michigan.  There may be equitable claims by the husband to his wife's property if he paid for some of the mortgage payments or taxes, but he is generally not protected.  If the wife dies, there are spousal rights to elect against the estate despite the will of the wife.  To answer the questions presented, I would need more details.  Please contact me if you would like to discuss further.  John R. Tatone 586-868-5100

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