Q: My sister and her husband live in Grand Rapids, MI. They have been married since 2000. He is a doctor and she is a stay
at home mom to 11/13 year old boys. He controls all the money, and when they fight he often takes away her credit card to support the house. She has her own checking acct, to which he adds money to, so that SHE can pay school, music classes, etc by check.
Our mom recently passed away. Should she start a savings acct to put her inheritance money? Or since only her name is in the account, does it matter? He also threatens to throw her out of the house when they fight. I believe they are both on the deed. Can he do that? Or is Michigan a 50/50 state?
A:
Your question involves probate and family law. Given the current situation, it certainly would be rise for her to open a separate account in her name only for purposes of receiving the inheritance. Should they get divorced, each parties's assets will be at issue - I certainly wouldn't be surprised if he makes a claim to some of that money, but by keeping it separate, at least she will retain control over it unless and until ordered otherwise.
As to the house, if both cannot live in the same house peacefully, a judge will ultimately make a decision in the form of a temporary order allowing one person possession of the house pending final judgment. It would not be the case where he could arbitrarily just kick her out - at least not without some potential legal ramifications.
This should go without saying, but control can be a form of domestic violence, and if the situation continues to deteriorate, these sort of matters become much less about the law, and more so about personal safety. In short, if your sister needs to leave - on her own or because he throws her out - she should for her own sake. Everything else can be sorted out in court.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
