Michigan Homestead Declaration following Decree of Legal Separation or Divorce

State:
Multi-State
Control #:
US-02099BG
Format:
Word; 
Rich Text
Instant download

Description

Ordinarily, the declaration must show that the claimant is the head of a family. In general, the claimant's right to select a homestead and to exempt it from forced sale must appear on the face of the declaration, and its omission cannot be supplied by extraneous evidence. Under some statutes, a declaration of homestead may be made by the owner or by his or her spouse.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

How to fill out Homestead Declaration Following Decree Of Legal Separation Or Divorce?

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FAQ

If you and your spouse can't agree how to divide your property, the judge will decide. Michigan law requires judges to divide property fairly. Fair usually means that each person gets about half of everything. But in some cases, a judge could decide it is fair to divide marital property in a different way.

The Rule of Equitable Division Michigan is a marital property state, meaning that property in the marital estate is subject to equitable division,which in most cases, but not all, means equal division.

No. Michigan divides marital property using the theory of "equitable distribution". Community property states attempt to distribute property as close to a 50-50 split as possible. Equitable distribution states divide property based on a determination of what's fair under the circumstances of each case.

People often talk about ?legal separation? as an alternative to divorce. In Michigan, this legal action is called ?separate maintenance.? This is a court case between a married couple that can divide property and debt, decide child support, custody, and parenting time, and award spousal support.

Michigan Department of Treasury Form 2368 (Rev. 6-99), Homestead Exemption Affidavit, is required to be filed if you wish to receive an exemption. Once you file on a residence, no additional filings are required as long as the claimant's exemption status remains unchanged.

After 10 or more years of marriage, an ex-spouse may collect benefits equal to half the benefits being paid to the other spouse, but this does not limit a court or parties from using one spouse's social security payments to provide additional child or spousal support as part of a divorce in Michigan to the other spouse ...

Technically, legal separation is not recognized in Michigan. A couple may live separately and have their own agreements, but under the law they are still married and there are no legal limitations. However, there is a "separate maintenance" legal proceeding that may be filed.

Does it matter who files for divorce first in Michigan? No, from a legal perspective, it does not matter who files first for divorce in Michigan. However, filing first does present an opportunity for the initiating party to request various orders to the court before your spouse is notified of the divorce proceedings.

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Michigan Homestead Declaration following Decree of Legal Separation or Divorce