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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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My husband is an alcoholic who refuses to seek help, and am ...

Customer Question

My husband is an alcoholic who refuses to seek help, and am considering a divorce. The home we live in was purchased my me before we were married. The title, mortgage, everything is in my name. I have asked him to leave the home on many occasions because of his drinking, and he refuses, claiming that the house is partly his because he has been the bread winner the last few years. His drinking is affecting our children. How can I legally get him out of the home? Is he entitled to my house even though I bought it before we were married, and everything is in my name?
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Michigan is an equitable distribution state. Meaning that marital property is distributed according to what is fair and equitable.

All property acquired before the marriage or acquired as a gift, inheritance or settlement during the marriage is considered that spouse's separate property. So your home is considered your separate property. However, if he has financially contributed towards the improvements or paid for the mortgage, he can assert a claim for reimbursement for the amount of his contributions and he can assert a claim for the increase in equity limited to the period where he was making financial contributions to your home.

So although the home is yours, he is entitled to reimbursement for the contributions he made to the home and a share of equity corresponding to the period of time he invested financially to your home.

Unfortunately, since he has lived at the family home, he is entitled to remain on the premises and cannot be forced out unless the judge asks that he vacate the premises after you file for the dissolution of marriage or you obtain a restraining order if he has been abusive (evidence of domestic violence required to get an order of protection). So unless he decides to leave voluntarily, he cannot be forced out until the judge grants your request for him to leave.

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