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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 41537
Experience:  30 years as a family law lawyer .
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I have been married for nine years I was living out of state

Customer Question

I have been married for nine years I was living out of state NC and moved back to Michigan to reconcile with my husband. My daughter and her infant son where living with me at the time. My husband and I decided it would be best to buy a house and my daughter would live there. I sent him 50,000 from my IRA and the house was 57,000. We have not done well with reconciliation....He sold the house (my name was never on the house) The house sold for 130,000. Closing was on friday the 29 of october. He will only give me back 25,000. I had planned on moving back to NC. Is there anything that I can do?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 10 months ago.
Category: Family Law
Expert:  RayAnswers replied 10 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 10 months ago.

You would want to file for divorce here in NC if that is where you want to have custody and property divided.Here you are entitled to a fair division here including repayment you your funds.He owes you at least another $25k as you indicate as well as fair division on any profits or other income since you remained legally married.This is all marital property to be divided by the judge.

You can file in Michigan if you are wanting to file now but then you might have custody problems if you want to relocate.But you have rights to compensation and fair division of everything acquired during the marriage including house proceeds.

You have to decide do you file now while the assets are around or wait until you establish residency in NC. Property wise it makes sense to file here in Michigan now while you can still recover the funds.

I appreciate the chance to help you today.I wish you the best here with all.

Expert:  RayAnswers replied 10 months ago.

You can find a local lawyer here

Lawyer Referral Service—(800)(###) ###-####The State Bar of Michigan Lawyer Referral and Information Service (LRIS) is designed to assist members of the public who want to hire an attorney and can afford to pay for legal services

Customer: replied 10 months ago.
divorce is my only resolution? There are no children involved I am 62
Expert:  RayAnswers replied 10 months ago.

Marital property is any property, or debt, acquired during the marriage (from the date of the wedding until the judgment of divorce is entered). Marital property is subject to division between the parties.

Property division in Michigan follows the rule of equitable distribution. This means that rather than dividing the property equally, property will be divided “equitably” or fairly. There is a presumption that the division will be roughly equal, and a court must clearly explain its reasons if it decides to deviate from the “roughly equal” guideline.

There are numerous factors that courts consider when dividing property. The most common factors considered are:

• the source of the property;

• contribution toward its acquisition;

• the number of years of married life;

• the needs of the parties and the children;

• the earning power of the parties;

• the cause of the divorce;

• general principles of equity; and

• any other factor the court deems relevant.

You deserve to be repaid here and then the remaining profits shared equally and divided by the judge.All of this is marital property acquired during the marriage.

Well you could sue him here civilly but divorce would be easier to get your half of everything and repayment.

Expert:  RayAnswers replied 10 months ago.

Since he isn't being fair in the division of everything divorce makes the most sense.You may well get repaid and then equal division of everything.

Thanks again.

Customer: replied 10 months ago.
thank you
Expert:  RayAnswers replied 10 months ago.

Sorry you are having to deal with all of this.The ex here isn't being fair.

If you can rate 5 stars it is much appreciated.Take care now.

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