Q: Girlfriend and I own 2 properties together, she lives in one I live in another. Can we both get homestead exemption?
Both houses are in the same city in Michigan. We own them as joint tenant in common with right of survivorship.
Your question has a 'fatal flaw'.
There is no such thing as 'joint tenant in common with right of survivorship'. You EITHER own as 'tenants in common' OR you have 'rights of survivorship', It can't be both. Tenants in common implies there is no automatic passing upon death and the property needs to go through probate or some other transfer upon death.
That said, if you *truly* maintain separate households and are *not married* and *don't file taxes together*, you can each take the homestead exemption in the house you ACTUALLY reside in. BUT before you do that, you should seek local legal help to understand exactly what you do own. It probably won't impact the analysis in this question, but it may make a HUGE difference if something happens to one of you!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
A: Whether or not you receive a principal residence property tax exemption will ultimately be decided by the municipal tax assessor. Yes, the assessor will look at the deeds and how you and your girlfriend hold title together, but more importantly, they will investigate to determine who lives in the properties. They will look at utility and water bills to see if the property is a rental or not. They may even go to the home to see who lives there. But ultimately, how you hold title to a property in a deed, is not the most important indicator of maintaining a principal 'residence."
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.