Marital Vs. Nonmarital Property in a Michigan Divorce
Michigan is unique in that it does not define in its divorce laws what constitutes marital and nonmarital property and leaves the decision to the courts to determine. It appears, however, that Michigan follows a "dual classification" model in which property received prior to marriage and property received outside of marriage, such as an inheritance to an individual, which is kept separate from marital assets (nonmarital property), is separate from other income received after the marriage takes place (marital property). Marital property is the property that is subject to equitable division by the court in the divorce proceeding. Separate, nonmarital property, is awarded to the individual in divorce.
Separate Property in Michigan: Eating Jello with Chopsticks, James P. Cunningham, Michigan Bar Journal, June 2008 http://www.michbar.org/journal/pdf/pdf4article1363.pdf
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