Grand Haven, MI asked in Real Estate Law for Michigan

Q: If I havent lived at a Residence for 2 years but my name is still on the mortgage, is it still my house?

Had a joint mortgage with my exwife, she bought me out but never refinanced so my name is still on the mortgage. Is it still just as much my house as it is her house after 2 years? Can I legally go into the house because its still my house? Or because I havent lived there in 2 years its no longer considered my home?

thank you,

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2 Lawyer Answers
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: Did you sign a quit claim deed? If your name is not on the deed, then it's not your house regardless if your name is on the mortgage.

Kenneth V Zichi agrees with this answer

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: Mr Geers is correct, but even if your name IS on the deed, if you don't currently 'live' there 'entering' the house, while it perhaps won't technically be a 'crime', is certainly rude and inappropriate -- unless you're invited in or there is some emergency threatening life or the home.

Don't be tricked by 'legalities' ... use your 'gut' to tell you what is right and you'll rarely go too far wrong.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

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