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.
2 Answers from Attorneys
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.
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])