Detroit, MI asked in Real Estate Law for Michigan

Q: Husband and wife have been separated for years. He bought a piece of property. She is not on the deed. Can he sell it?

He bought it after they separated. She was not on the deed now the mortgage. He wants to sell it for the balance owed because he was incarserated.

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1 Lawyer Answer
David Soble
David Soble
  • Farmington Hills, MI
  • Licensed in Michigan

A: It sounds as if you may be concerned about the spouse's dower rights. Dower has been recognized as one of several legal protections provided to women. This was so that she would not be alienated from her primary residence. However, in 2017, Michigan ended dower. So it will depend when the deed was endorsed. Otherwise, if it is after 2017 then there is no legal consequence. It should be noted however, that despite the law, some title underwriters do ask for waiver of dower, even when there is no need for it after 2017. See more at:

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