Separate property, by definition is, property that is not marital property Marital property is property acquired “by reason of the marriage”. (See: MCL 722.19 and Byington vs. Byington) Separate property, is generally, property acquired before or after marriage. In this video webinar, we take a deep dive into Michigan property law.
Separate property classificiation
The classification of property as marital or separate can have huge implications in a divorce because as a general rule, a court will only divide marital property. This is also known as the doctrine of non-invasion of separate property. In this video webinar, we take a deep dive into this issue, examining the controlling statutes and case law.
There are, of course, exceptions to the doctrine. Two of the exceptions are statutory. MCL 552.401 and MCL 552.23(1) and the remainder are found in case law.
For example, how the parties treated an asset during the marraige? (Anderson vs. Anderson), may be used in classifying property as marital or separate. Gifted or inherited property is typically considered separate property. (Dart vs. Dart) As are assets that that passively appreciated during the marriage. (Reeves vs. Reeves) Whereas, active appreciation is marital property.
Commingling an asset may also transform separate property to marital property if the property is no longer readily traceable to its separate source.
These and other important topics are examined in this video webinar to help you better understand Michigan divorce law. After watching the video webinar, you may have additional questions or concerns regarding your situation or the person you may be worried about. I invite you to contact me with any questions.
Daniel
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Ph. 248-399-3300 : Email:Daniel@Findlinglaw.com : After hours emergency?+1 (248) 633-8583
I have been exclusively practicing divorce and family law in Michigan for over two decades. The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles. We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances. That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.