Did some research on Michigan...please advise

[Navyguy]

I apologize if I'm beating a dead horse here but today I was doing some research on keeping assets separated while married. I'll briefly describe our situation as it pertains to my research. My wife, before we got married, purchased a house in Michigan. I never signed my name over nor assumed any responsibility (other than paying the mortgage every month). Now, we (I) stopped paying and want to make sure neither the mortgage company nor PMI can come after me for my wife's debt.

I found out Michigan is NOT a community property state:


I found out that debt that one spouse brings into a marriage remains the responsibility of that spouse except when it is in a community property state (Michigan is not).


A court case that made it to Michigan Supreme Court. A hospital was pursuing medical debt accrued by a deceased husband from his widow. The court ruled in favor of the defendant. The court opinion cited the "Married Woman's Property Act" as protecting the widow from being obligated to her deceased husband's debt to the hospital. The opinion goes on to state that neither the husband nor wife is liable for each others debt, unless there is express agreement, for necessities provided to one another.
State Bar of Michigan: Common-Law Doctrine of Necessaries

So the advice I need is this:
I have paid on my wife's mortgage since she no longer worked (a few years ago). Since that time, would paying my wife's mortgage constitute an agreement to assume liability of the mortgage?

The way my limited mind is interpreting all of this is even when I pay on my wife's mortgage, unless I expressly agree to assume the mortgage payment (ie: sign a note with the bank) that I still legally, cannot assume responsibility for the mortgage. My reasoning example is two people are dating and share an apartment together (assume that only one person is on the lease). Also assume the person who is NOT on the lease is paying the rent. If they were to break up, the person who is paying the rent, but not on the lease, would legally have no obligation to the landlord to continue paying rent. Rather, that obligation would fall upon the person who's name is on the lease.

Our situation (in my mind) would be similar. Since Michigan is not a community property state, her debt is her's and mine is mine. Despite my paying on her debt, that *should* not legally obligate me to assume responsibility.

If this is NOT the case, and my paying on her debt obligates me to her debt, PLEASE let me know.

I hope I explained myself okay. Thanks in advance.

[Navyguy]

I've been digging around and found the following that I think answers the question:


Michael D. Siegel: "mstoya: "I received a letter from my mortgage co. stating that an attorney has supeonaed my account records. The attorney wants 2 copies of any electronic payments and the routing number. The mortgage payments comes from my husbands bank account and it has his name on it not mine. Will they be able to but a lien on his account and take the money?""

Michael D. Siegel: "No. I am not even sure why there would be a subpoena for this issue. Without more information, I cannot really discuss this. However, merely paying someone else's loan does not cause you to be legally liable. So if your husband has been paying your mortgage for whatever reason, that will never cause his bank account to be seized for any judgment."

I think that answers my question...the bank nor PMI company can touch MY assets since I legally expressed no agreement to the debt. Since the mortgage is exclusively in my wife's name, and she has no assets of value, we should be fine even if their attorneys try to pursue her for repayment.

[The Professor]

I would agree that it appears to answer your question.

Daniel