Legal Question in Family Law in Michigan

marital law in Michigan

Can you tell me what Michigan law is regarding community property. If you are married in Michigan is there a certain number of years you must be married in order to be entitled to property, bonds, stocks ect. that were in place before the marriage? What exactly am I entitled too entering into the marriage that was there prior to the date we married? We are working on a pre-nup at this time but I really need to know what I am already entitled too before I sign off on anything.


Asked on 6/05/04, 12:16 am

2 Answers from Attorneys

Blake Lipman Law Office of Blake P. Lipman

Re: marital law in Michigan

There is no "community property" in Michigan. Instead, Michigan is a common law title state. But, there is a concept called "equitable distribution" that applies. The effect is the same. As to whether you are entitled to your spouses property upon the end of the marriage, it depends on a number of factors, including, length of marriage, etc. For more info contact my office at (248)851-3171.

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Answered on 6/07/04, 11:02 am
Janet Ziulkowski Ziulkowski & Associates, P.L.C.

Re: marital law in Michigan

Michigan is not a community property state. However, courts generally provide for equitable distribution of the marital assests. The court generally considers such factors as: the length of the marriage, education of the parties, earning potential, whose fault it is for the divorce, if any, and many other factors. However, a pre-nup can seriously limit any one parties rights if a divorce should be filed at a later date. I highly reccomend that you have an attorney review any proposed pre-nuptual agreement before you sign it. I offer free initial consultations. If you would like to discuss this in further detail call me at 586-979-7302.

Good luck

Janet M. Ziulkowski

(586) 979-7302

(www.ziulkowskilaw.com) ([email protected])

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Answered on 6/05/04, 6:59 am


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