Posts Categorized: ASK THE LAWYER

I am in the middle of a divorce and my spouse says that she gets the first $20,000 out of the house because we used the proceeds from her house to make the down payment. Is she right?

No, probably not. Separate property (which is what she is claiming the down payment is) is not generally subject to division by the Court in a divorce. There are exceptions but they are relatively rare. Separate property can exist when there is: (1) a prenuptial agreement; (2) gifts between the parties; (3) retirement benefits; (4)… Read More »

One of our neighbors has filed a lawsuit to get title to portions of a road we use to access our property and that EMS vehicles use to provide emergency life saving services. The neighbor claims he has been in possession of the land in question for more than 15 years. What can I do?

First you must respond to the lawsuit or the neighbor can get a Default Judgment against you and anyone else who does not file a response. I recommend you and your other neighborhood friends all get together and hire one lawyer to represent all of you; it’s much less expensive that way. What the one neighbor is doing… Read More »

Is Filing for Divorce considered a Breach of Contract?

No, but this is a very interesting question. At its most basic level, marriage is a binding contractual relationship between a man and a woman. All of the elements of a valid contract exist, those being Offer (“Will you marry me?”), Acceptance (“YES!!”), and Mutual Consideration (merging of assets and debts etc.). Marriage is regulated… Read More »

I am a disabled veteran and own a house in Michigan. I heard that I may not have to pay property taxes. I am strapped for cash and appreciate any assistance I can get. Is this true

Yes. Under a recently passed Michigan law, a disabled veteran who was honorably discharged may be exempt from paying property taxes on his or her real estate. As I am sure you can imagine, this could be a significant amount of money. Furthermore, if the disabled veteran dies, the exemption may continue for his or… Read More »

I was hurt in an auto accident about a year ago. My auto insurance company paid some of my medical bills but did not pay others, saying that they were not related to the accident. I know that all of the bills were related to the auto accident. What should I do?

You should contact an attorney immediately as you will probably need to file a lawsuit as soon as possible to protect your rights. Under the no-fault act, there is a one year statute of limitation, and, more importantly in your case, something known as the one year back rule. If you notified your insurance company… Read More »