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Great post. I enjoyed reading thanks.

very interesting.
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Kevin, there are several other facts that may make a difference in my response to your question. Why don't you call to schedule an appointment?

Jeanne M. Hannah

I married my wife in 1992. We divorced in 1998. I was awarded the marital home that my grandfather built in 1940. We remarried in 1999 and are considering divorce again. Would my house be considered "separate property"?

Char,

I don’t have enough facts. Of utmost importance is how the brothers own the cabin. Is it titled as “Joint tenants with full rights of survivorship?” Or is it titled “tenants in common?” The latter would be more normal in a case where brothers buy something together.

In general, in Michigan, if the property is titled as tenants in common, then the brother who wants his money out could file an action in court to “partition” the land/cabin. This would force a sale. The law is undoubtedly the same in all states except possibly Louisiana. 49 states have laws that are derived from English common law. Louisiana is different. The law there derives from the Napoleonic Code. I have no idea how this case would be decided under the code.

2 brothers buy a vacation cabin. Years later 1 brother wants to take out just his original down payment to buy land. (no equity earned) with the verbal agreement that he can buy back in when he is ready. Brother #2 will not comply. Is this just tough rocks? Or is there more to it?

The Appellate Division correctly applied New York law which distributes property regardless of the form in which title is held.

Daniel Clement

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