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Michigan Law - Do Courts Consider Fault In the Property Division? The courts in Michigan may consider fault in the property division. Cases: Hanaway (1995) 527 N.W.2d 792, 208 Mich.App. 278 (The lower court found the wife at fault and thus reduced her share of the marital estate. The wife had engaged in a single extramarital relationship. That relationship started about two years before the divorce. She had also become engaged in other activities and spent less time at home nurturing the husband and children. The wife had abandoned the family bedroom for another room in the house. Later, it was the wife who moved out. The wife had argued that the husband was at fault. She had testified that, for example, she had been seriously injured in an automobile accident. She had to have her spleen removed. Her husband would not give the authorization for the surgery. Another family member had to be contacted. The husband was very late picking her up from the hospital. He did not come until she called him. He forgot to bring her clothes. And he was unhelpful in having the necessary prescriptions filled. The wife argued that the lower court had weighed her fault too heavily and her husband's too lightly. The appeals court did not change the lower court's rulings with respect to fault. However, the appeals court increased the wife's share of the estate and alimony substantially on other issues.)
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