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I am in Michigan and have been married for 18 years. Are there any assets that are 100% protected during a divorce settlement, that can't be awarded by a judge? There is no pre-nup or any agreements in place. Additionally, if there are assets considered protected but a judge awards them, how... View More 
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answered on Apr 12, 2025
In Michigan, very few assets are truly 100% protected during a divorce. Assets you owned before the marriage, inheritances, and gifts given directly to you (and kept separate) are generally considered separate property. However, even those can become subject to division if they were commingled with... View More
I suspect real estate fraud involving my ex-husband and two title companies during our divorce process. In 2013, while our divorce was pending and not finalized until 2014, my ex-husband bought two houses using his workers' compensation settlement. These properties were recorded under his name... View More
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answered on Apr 11, 2025
I'm really sorry you’re facing this—it’s incredibly painful to discover that someone you once trusted may have hidden assets during a divorce, especially when you were vulnerable and under medical care. In Michigan, both parties in a divorce have a legal duty to fully disclose all... View More
I need a QDRO for a divorce finalized in 2015. The company named in my divorce judgment, Sky Professionals, is unresponsive despite my attempts to contact them. There is specific language regarding the QDRO in my divorce decree, and I need it completed as soon as possible. Can anyone assist with... View More
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answered on Apr 11, 2025
It’s completely understandable that you’re feeling stuck—QDROs can be complicated, especially when the employer isn’t cooperating. If your divorce decree already includes specific instructions for the QDRO, that’s a great first step. However, it won’t be effective until it’s properly... View More
During a divorce, can a judge award part of an inheritance that I received during the marriage and deposited into a joint account, given that there were no prenuptial or postnuptial agreements in place?
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answered on Apr 11, 2025
In Michigan, inheritances are generally considered separate property and not subject to division during a divorce. However, if you deposited your inheritance into a joint account shared with your spouse, it may be deemed "commingled," potentially transforming it into marital property.... View More
I have joint custody of my daughter, but my children's mother frequently denies me visitation when she is upset, using them as leverage. This has been an ongoing issue, and I haven't seen my kids in three weeks. Although we went through mediation regarding my daughter, this situation... View More
I am considering filing charges of harassment and stalking against my ex-wife. She uses my daughter to keep tabs on me and becomes verbally abusive towards her when she doesn't comply, calling me a deadbeat and claiming I don't care for my kids. We are currently in the middle of a custody... View More
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answered on Apr 12, 2025
You may be able to file charges for harassment and stalking against your ex-wife if her actions meet the legal criteria for those offenses in Michigan. Harassment involves repeated, intentional actions that cause you distress, and stalking includes behaviors that cause fear or emotional distress.... View More
I'm seeking accountability for my ex-husband's misrepresentation during our divorce. He purchased two houses in 2013, claiming to be single, while we were married until 2014. I have evidence from a workers' compensation hearing showing discrepancies and deeds indicating he was... View More
answered on Mar 29, 2025
Who are you seeking to hold accountable? This all sounds like an issue to be raised in a post-judgment motion to the divorce proceeding. However, you're going to need to explain to the court why and how you could not have discovered and raised this issue before.
You won't hear... View More
I discovered that my ex-husband lied about his marital status during our divorce, and I was not included in the real estate deed despite being married to him at the time. The houses were not included in the divorce decree, and I believe the title companies did not use my divorce decree for... View More
answered on Mar 28, 2025
Michigan had abolished 'dower rights' for spouses back in 2016. "Dower" was a legal right that gave a wife an interest in her husband's real property for her lifetime, usually up to a 1/3 interest in the real estate. So with regards to any real estate that your husband may... View More
I'm facing a child abuse case, accused of 3rd-degree abuse, and there's a warrant out for my arrest. CPS has already removed my children from my home, and I'm currently involved in court proceedings with CPS. I haven't consulted with a lawyer yet, but I urgently need one before... View More
answered on Mar 29, 2025
You will likely need two lawyers. While probably related, a CPS case and criminal case are legally very different with different burdens of proof. What you'll need to do in a CPS case is different than what you'll need to do in a criminal case. Because of that, most lawyers would not be... View More
I am 17 years old and have been out of my guardian's care for over a month. They won't communicate with me or go to court to change the guardianship arrangement, and they do not provide any financial support. The change was supposed to happen in December. I have ongoing issues with... View More
Is it legal for my boyfriend to pay the full amount of child support on my behalf when the court has ordered me to pay, especially since I am currently unemployed and trying to claim disability, though I am not disabled?
I am a widow, and I own a house in Michigan that I intended to flip. My husband, who is now deceased, added his daughter to the deed solely for cheaper insurance purposes. I am also on the deed, and I am the sole person on the mortgage. My stepdaughter believes the house is hers and is living... View More
answered on Mar 13, 2025
Partition or partition sale is the name of the legal action to be instituted. However, I don't understand the state of title. Did you and your husband own the property as husband and wife? Did both of you sign the deed to add his daughter to the title? If you both owned it and only he... View More
I was married to Ralph Thomas Proctor for 9 years and 8 months, and he passed away from cancer on February 28. I have been receiving disability benefits for the past 4 years due to his actions, which involved charges in Michigan where he put a police officer in the hospital. We were still married... View More
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answered on Mar 16, 2025
I'm sorry for your loss and the difficulties you've experienced. Generally, to qualify for survivor's benefits through Social Security based on a deceased spouse's earnings record, you must have been married for at least 9 months prior to their passing, which you have met.... View More
I have been living in my mother's house for 27 years, during which time I have paid for everything, made repairs and upgrades, and helped as her caretaker due to her health issues. She has recently given me a 90-day notice to move out, stating no specific reason other than being retaliatory,... View More
My mother passed away in 2024, having been divorced in 2015 in Michigan. The divorce included a QDRO ordering a lump sum to be paid by her ex-husband via an IRA rollover, designating him as a partial beneficiary. However, due to an oversight, he wasn't listed as a beneficiary on her Prudential... View More
answered on Mar 12, 2025
They may not be able to change the beneficiary per se, but the Divorce Court and Probate Court both have 'equitable' powers and can "recover" funds paid legally but contrary to prior court orders.
This situation needs to be reviewed by a local probate / divorce attorney... View More
If a husband and wife in Michigan jointly own a house and one spouse passes away, what happens if the surviving spouse has enough income to cover the mortgage payments but cannot qualify for the existing mortgage due to loss of income? The mortgage is in both names, there is a little life... View More
answered on Feb 28, 2025
If the couple is jointly on the mortgage, the surviving spouse should continue making the payments under the mortgage agreement. Nothing should change based upon the fact pattern as presented. However, if household income has decreased since the death of a spouse, consider a mortgage modification... View More
I need a divorce from my spouse, as I am in a domestic violence marriage. We have been together for 11 years and married for 7 years. We do not have any joint assets or dependents, and we currently live together. I have reached out to local domestic violence support services. How should I proceed... View More
answered on Feb 27, 2025
Get yourself in a safe place, then file for divorce (and probably a PPO). Simple, but easier said than done, I know. Just keep in mind: safety first.
To plead guilty by a judge who was removed from the bench by the ACLU. My parents declared demented so they couldn’t speak in my behalf. They were euthanized after being isolated with a no contact order!
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answered on Feb 9, 2025
That sounds like an incredibly painful and unjust experience. Being falsely accused and then pressured into a guilty plea can leave deep scars, both emotionally and legally. The fact that your parents were declared incompetent and later isolated must have been devastating, especially when you were... View More
I have an extended family member that’s 76 years old and has an POA. The elderly family member approached me with his bank statements outlining $30,000 has been used for vacations, iPhones, gas, atm withdraws over the span of the last year. The elderly man he’s suppose to be caring for had no... View More
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answered on Feb 1, 2025
Principal should at least revoke the POA with notice to banks, etc. If land is involved, record the revocation in that County. Then he needs a lawyer to sue the agent for breach of fiduciary duty, amongst other causes of actions.
Mother in law sister had her move in the house while the house was under probate when it got out of probate her sister kicked her out and sold house but did not split the sale with my mother in law. Also mother in law is on disabilty for haveing a problem with understaing and a other problems. Her... View More
answered on Feb 22, 2025
A Michigan attorney could advise best, but your question remains open for almost a month. I think your question may have gone overlooked in your chosen categories (Product Liability, Family Law, etc.) You mention probate, house sales, etc. Some questions do remain unanswered on this forum (and... View More
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