What rights do I have after 45 years of marriage?

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What rights do I have after 45 years of marriage?

My husband has the idea of selling the house and everything we own and go away. I don’t want to go. Does he have the right to sell everything and leave me with nothing? No home, no car and no income except a small amount of social security I get.

Asked on March 31, 2012 under Family Law, Michigan

Answers:

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 10 years ago | Contributor

In Texas, each spouse has a duty to support the other spouse.  If the deed to the house is in both names, then he can not unilaterally sell the house.  You will have to sign.  If the property was purchased during the marriage but your name isn't on it, you have an interest, but it will be more difficult to protect your asset.  The other assets can usually be transferred by one party.  You didn't say you wanted a divorce, but that may be the only way to preserve your assets.  You should talk to an attorney in your area to protect yourself.

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

Answered 10 years ago | Contributor

I am so sorry for your situation.  You have been married an extraordinarily long time in this day and age and that accounts for a lot in any state.  Michigan too recognizes the length and duration of a marriage and supports the wife in terms of receiving support, etc.  But the particulars of the assets and your current situation need to be discussed with an attorney in your area.  He can not sell everything with out your agreement or a court order.  Good luck.


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