Can I be kicked out of the house I have lived in for 16 years even though we are not married?
Full Question:
What are my legal rights in my state regarding the following situation? We have been living together for 16 years and have two children. The house is in his name. He is trying to kick me out.
02/02/2007 |
Category: Divorce ยป Property Set... |
State: Michigan |
#415
Answer:
Property division in Michigan upon divorce is based on an equitable division of marital assets. The courts still look to marital property versus separate property. Generally, neither party is inherently entitled to a greater share of the marital assets or an unequal division of the marital debts. Separate property is often awarded to the owner spouse. While Michigan is a no-fault state in terms of getting a divorce, fault is one of the factors to be considered in a property division.
A Judgment of Divorce, separate maintenance, or annulment must address the following interests:
a. Michigan Compiled Laws (MCL) 552.19. Restore real and personal property to either party as is just and reasonable.
b. MCL 552.23. Award real and personal property of one party to the other in gross or otherwise as the court considers just and reasonable, for the suitable support and maintenance of either party and any children of the marriage.
c. MCL 552.101 (1). Award the wife property in lieu of her dower claim in full satisfaction of all claims that she may have in any real property which the husband owns or may own in the future, or in which he may have an interest.
d. MCL 552.101 (2). Include provisions determining all rights to proceeds of life insurance, endowments, or annuities of the parties, as well as rights to any pension, annuity, or retirement benefits or contributions of the parties.
e. MCL 552.102. Provide that realty held in joint name after the divorce is held as tenants in common. Award realty to one party or the other, or order it sold and determine how the proceeds are to be distributed.
f. MCL. 552.401. Award separate property (either real or personal) of one spouse to the other if it appears equitable under the circumstances of the case or the party contributes to the acquisition, improvement, or accumulation of the property.
g. MCL 552.22. Require the disclosure of property interests under oath. The above is assuming that you are married to the man you are living with. If you are not married to him, your rights are extremely limited. Common law marriage is a marriage that results from the actions of a couple, despite the fact that they have not obtained a marriage license or fulfilled the requirements of a state's statutory marriage laws. This typically means that the couple has cohabitated for a period of time, usually a year or more, while having an agreement to be married and holding themselves out to the world as husband and wife. Michigan has eliminated common law marriage by statute, and no period of cohabitation will result in marriage. At the same time, where a couple became married under the common law of a different state or country, their marriage is likely to be recognized even in a state such as Michigan. The full faith and credit rule of the U.S. Constitution ordinarily compels the recognition of a marriage made valid under the laws of a sister state.