Legal Question in Family Law in Michigan

real property

I would like to know if ''Real Property'' would include an electric garage door opener?

A friend of mine went through a divorce and he had the right to have access to the pole barn on the property of the marital home. When it came time for him to move the items out from storage he took his stuff including cabinets which were not nailed down and this electric garage door opener. Now his ex wife if wanting those two items back. In the divorce she owns the real property..does the definition of real property include the cabinets which were not nailed to anything and the electric garage door opener?

Shari


Asked on 2/03/06, 5:30 am

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: real property

The garage door opener is not attached to the garage would qualify as personal property. However, if it was attached, it is a "fixture" and goes with the real property. There is not doubt about it. William S. Stern

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Answered on 2/03/06, 7:16 am
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: real property

Unless the items he too are the items the court said he could take, he will have to give them back. Even though the cabinets were not nailed down, if they were used as storage in the barn, they should have stayed. It sounds like he was allowed to take things he stored in the barn. Cabinets do not fall in that category. If the garage door opener was to operate the ex-wife's garage door, taking it was immature and purely vindictive. The garage door opener should have stayed with the garage door it operates. He should give it back. I could make a good argument that the items he took were fixtures.

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Answered on 2/03/06, 11:02 am


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