What happens to the house in divorce?

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What happens to the house in divorce?

My home was purchased 4 years ago and is for sale now. I’m currently wanting a divorce. At the time of purchase we were married and at closing the documents state my husbands name and include that he is a married man. We have agreed to split the profit. My question is. When the house sells could he run with the check and I would not see a dime. Is this correct, since this house was purchased while married and documents state he was married?

Asked on January 24, 2013 under Family Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would contact the escrow company handling the sale of the marital home in writing stating that there needs to be escrow instructions drawn up where the net equity in the home is to be equally split bewteen you and your soon to be "ex" where you each get equal checks paid to you from escrow at the time of close. This prevents one spouse from getting the entirety of the sale.


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