If my husband asks for a divorce after 1 year who gets the house?

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If my husband asks for a divorce after 1 year who gets the house?

It’s in his name but I have 2 of his kids.

Asked on April 12, 2011 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  This is not an easy question to answer in this type of forum.  Generally speaking the court looks at many different factors to determine who gets what  - or the equitable distribution of assets - in a marriage.  The first order of business is to determine what assets are separate property and what assets are marital property.  It sounds like the house is separate property.  The courts also look at the duration of the marriage, the manner in which the parties lived (if one party stayed home and took care of the kids)  and the earning capacity of the parties to determine things like spousal support.  Child support is determined by a statutory model and is generally not deterred from by the courts. Get help.  Good luck.


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