Home Purchased During Legal Separation


Question: While we were going through a divorce, my wife purchased a home that listed her as unmarried. Is this purchase valid?

I have a question regarding divorce and real estate; it's pretty simple but not sure what to do. Before my wife and I were divorced or legally separated she purchased a home, I was not asked to sign any documents in the transaction. Long story short, we have reconciled and the divorce is final but she has a house she cannot afford. Title work from her purchase shows it being owned by "an unmarried woman," but the divorce was not final until later. Is there any way to get out of this?

Answer: Under the Married Women Property Act in Michigan, women (not men) can own property in their own name and the husband has no claim to it in any event. Deeds in Michigan don't even need to have the marital status of the women listed. It is merely an error that has no effect on the validity of the deed. It would be my opinion that the sale was valid. Good luck with getting things sorted out.

Attorney: Mark Miller

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