|
|
|
|
|
II. Separate property
-
If a party makes a separate property claim, the court is required to
make a finding whether the property is separate or marital.
-
A finding of separate property is not dispositive, see III B
below.
-
The burden of proof is on the party making the separate property
claim.
-
Examples of separate property claims:
-
Premarital assets, but see Section 5 below.
-
Premarital accumulations of retirement benefits.
-
Gifts/inheritances from third parties.
-
Pain and suffering award.
-
Example of separate debt — student loans
-
In a short term childless marriage, the Court of Appeals has
recently held that appreciation on premarital assets which occurs
before marriage is separate property, but appreciation after marriage
may be included in the marital estate unless the appreciation is
wholly passive. Reeves v Reeves, 226 Mich App 490; 575
NW2d 1 (1997).
-
Property acquired after the parties publicly manifest their intent
to lead separate lives is marital property, but the contribution of
each party to the acquisition of such property will take on particular
significance. Byington v Byington, 224 Mich App 103
(1997)
-
A party’s separate property can be opened for redistribution when
one of two statutorily created exceptions is met. Reeves, supra.
-
Insufficiency of marital estate to meet needs of the other party.
MCL 552.23; MSA 25.103.
-
Contribution to the acquisition, improvement or accumulation of
the property by the other party. MCL 552.401; MSA 25.136. See
Hanaway
v Hanaway, 208 Mich App 278 (1995) regarding the
care of children and the household as a contribution.
|
|
|
|
|
|
|
|
|
|
|
This information comes directly from the Washtenaw County website which is
"public domain." Except for formatting, no changes have been made to this
material. It is included herein with the specific knowledge of the County
webmaster. Further, as a Washtenaw County Circuit Court writing, this is neither
binding precedent nor governing dictate even on other judges in this specific
county. Last updated to divorcePeers.com August, 2002. |
|
|
|
► List of Divorce Peers resources: Financial |
|
|
"The Messy (Legal) Steps of Divorce"
Divorce Court - Analysis of "Best Interests of the Minor Child," factor (C)
Divorce Court - Property division precedents
Divorce Court - Property division precedents, "Separate Property"
Divorce Court - Property division precedents, "Special Property Issues"
Divorce Court - Property division precedents, "Unequal Property Divisions"
Divorce Statistics - By What Criteria Do We Choose Partners?
Divorce Statistics - Net Worths, after Divorce
Divorce Statistics - Visitation and Child Support, Divorced Parents
Title to Property: Words Determine Rights
|
|
|
|
► List of Divorce Court resources: Rule of Law |
|
|
"The Messy (Legal) Steps of Divorce"
"Three Levels of Divorce"
After Your Judgment of Divorce
Attorneys' Roles in Mediation
Child Custody and the "100-Mile Rule"
Divorce Court - Analysis of "Best Interests of the Minor Child"
Divorce Court - Legal Divorce Process
Divorce Court - Michigan Compiled Laws (MCL)
Divorce Court - Michigan Court Rules (MCR), pro per advice
Divorce Court - Michigan Friend of the Court Bureau
Divorce Court - Michigan: One Court of Justice
Divorce Court - Property division precedents
Eavesdropping between Divorced Parents
One Mediator's Life as a Parent
Title to Property: Words Determine Rights
|
|
|
|
|
|
"The Messy (Legal) Steps of Divorce"
After Your Judgment of Divorce
Attorneys' Roles in Mediation
Child Custody and the "100-Mile Rule"
Divorce Court - "Forget Me Not" Program for Never Married Parents
Divorce Court - "Reasonable" Parenting Time, Defined
Divorce Court - "SMILE" Program Description, Advice
Divorce Court - Analysis of "Best Interests of the Minor Child"
Divorce Court - Legal Divorce Process
Divorce Court - Mediation Overview
Divorce Court - Michigan Compiled Laws (MCL)
Divorce Court - Michigan Compiled Laws (MCL)
Divorce Court - Michigan Court Rules (MCR), pro per advice
Divorce Court - Michigan Friend of the Court Bureau
Divorce Court - Michigan: One Court of Justice
Divorce Court - Parenting Time Make-Up Policy
Divorce Court - Property division precedents
Divorce statistics - Michigan Divorces, Wayne County (MI)
Eavesdropping between Divorced Parents
In Favor of Mediation
One Mediator's Life as a Parent
Title to Property: Words Determine Rights
Why Not Date During Divorce?
|
|
|
|
|
.jpg)