Weblog
22. July 2009: Assignment of Land Contracts - Releasing the Buyer's Responsibility
Question:"My husband and I are in a land contract for a house that we've been in for 12 years. We asked the owners if we could "walk away" and they said we would have to find someone to take over the land contract. We did that and now they've changed their minds. Is there any way we could walk away from the house without having any legal recourse? Will they be able to sue us? The deed is not in our name, it is not registered, and the notaries are expired on the deed. We just want to give the house back without legal action against us. What are your suggestions?
Rochele" ...More
05. February 2009: Michigan Tenants by the Entireties
Question:Hello Ms. Walsh. I am writing with a question/comment regarding your article titled "Michigan Title Company Forces Married Persons to Take Title in Spouse's Name". I am specifically asking about whether creditors of either spouse may attach attach property owned by the entireties". I have read that real property owned by married couples in Michigan as "tenants by the entireties", may be exempt from liens or judgments against an individual spouse. Judgments that were against both spouses could attach a property owned as "tenants by the entireties", while a judgment against an individual spouse could not attach the property. I have also read articles that contradict this. Is it true that owning Michigan property as "tenants by the entireties" would provide some legal protection? If so, this seems very powerful. I would then think that a married couple should hold their home as "tenants by the entireties", while ownership of things that might get you sued (cars) should be held individually.
When I read about "tenants by the entireties" this past summer, I asked my real estate agent what he thought about it. He had no idea. Then I asked my cousin (he works in the legal profession). He said: "All property held by a married couple in Michigan is "tenants by the entireties". It's automatic. It doesn't need to be specified as tenants by the entireties on the deed. It's automatically tenants by the entireties, if you're married".
My opinion is:
1. That might be true (or not), in Michigan. But several federal cases regarding property located in Michigan, seem to hinge on "tenants by the entireties" being explicitly mentioned in the deed. Since "tenants by the entireties" does not exist in all states and several other forms of joint ownership also exist, maybe tenants by the entireties should be explicitly mentioned in a deed, in case of federal action.
2. If "tenants by the entireties" was not defined in the deed, the type of ownership might be open to argument or interpretation by a lawyer or judge.
Just curious what you think.
Thanks for your time. ...More
24. April 2008: Michigan Title Company Forces Married Persons to Take Title in Spouse's Name
Question:Can a married women in Michigan own property solely in her name?
My daughter is in the process of buying a home in Michigan. The mortgage will be in her name only. The Michigan title company closing the transaction is directing her that if a person is married and buying property in Michigan they must take title “by the entireties.” The husband that is not employed, has not worked for a year, and has a poor credit history and has nothing to do with the mortgage MUST have his name on the title. ...More
24. March 2008: Action to Quiet Title
Question:I bought 60 acres of commercial property ten years ago for $30,000.00. I did not file the deed with the Register of Deeds. The former owner again sold the property to his heirs for $50.00 last year and they recorded their deed. If they would have gone out and looked at the property, they would have seen that it was owned by someone else. Who should prevail in this situation? ...More