[MI] Can a postnuptial agreement waive spouse rights to premarital home and define loan terms during marriage?

MI Family Law

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If your spouse is willing then you can prepare an agreement that is literally as simple as having a statement where it says "I, Your Spouse's Name, agree to waive any interest or claim of ownership in the house at 123 Maple Street, now and forever, and in return, my spouse, Your Name, agrees to loan me $6,000 with repayment on or before XXXXX date".

If he signs that in front of a notary public, it is an entirely legal document that waives his interest in the home should you divorce (MI Comp L § 600.5071(a)). You could prepare a much more complicated postnuptial agreement if you wanted and it would still be entirely legal once you had your spouse sign in front of a notary, but it isn't necessary.

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Hello, I purchased the house prior to marriage but the house had been refinanced. I would like a clear document for my husband to sign in case of a divorce so that there is no confusion. He did do work on the home and it was refinanced and may be again, but I would like it to be agreed that this home is not "marital property" however he agrees to split costs evenly for payments moving forward and if we acquire a new home that is different.

Lexi, Chatbot

I understand that you want to protect your property rights in the event of a divorce. Have you and your husband discussed this arrangement formally before?

Yes, currently we have because he is asking also for a loan of 6000 from me which I would need to take out of the equity of the house. He throughout the marriage has paid less than his fair share.

Lexi, Chatbot

Is there a specific type of document you are looking for, such as a prenuptial agreement or a postnuptial agreement?

I was putting together the postnuptial agreement.

Legal Eagle

Hello and welcome to the site! I am a licensed attorney here to help with your situation. I have read your post and understand you are looking to draft an agreement to clarify property rights in case of a divorce.

Correct. State of MI.

Legal Eagle

Ok, I appreciate your help.

Legal Eagle

You are very welcome. Glad I could help. Have a great afternoon and be safe!

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