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Michigan Law - May Separate Property Be Divided? In Michigan, the court may divide the parties' separate party, as well as the marital property. This makes the distinction between "marital" and "separate" property have less importance in Michigan than in most other states. The court will attempt to keep the separate property with its owner, but this is not a hard-and-fast rule. Cases: Reitz, 338 Mich 309 (in divorce proceedings, under certain circumstances, a wife may be entitled to share in separate property of husband). Rogner (1989) 179 Mich App 326 (In this case, the court awarded half of the husband's pension, valued at $3,700 to the wife. The husband had argued that one-third of the pension accrued before the marriage. Thus, the marital portion should have been only $2,500. the appeals court agreed that property rights acquired prior to the marriage will normally be awarded to the party who acquired them. But it stated that there are exceptions, and this case was one. The court took into account the security of the family, and the ten-year duration of the marriage, during which the wife served as homemaker. The wife was also unemployed at the time of the divorce. The marital home was awarded to the husband, and he was allowed to keep all other rights associated with his employment. Custody of the parties' two children, aged eight and nine at the time of the divorce was awarded to the wife.)
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top Michigan divorce law page. Click here for the Michigan divorce legal table of contents. | |||||||||||||||||||||||||||
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