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I have been practicing family law in Oakland County, Michigan since 1996 and have handled thousands of cases.  One thing that is common to almost every case is that the property of the spouses has to be divided.  I am often asked if a person can protect their inheritance if they file for divorce in Michigan.  This blog is written to generally address that question, remember every case is different and you should schedule a consultation with a knowledgeable family law or divorce lawyer as soon as possible if you are facing a potential divorce or separation.  

Can I Protect My Inheritance If I File For Divorce In Michigan?

The short answer is generally yes, except in relatively extreme circumstances you should be able to protect your inherited property or money if you get a divorce in the State of Michigan because it is considered your separate property.  

When dealing with the division of any type of property, including bank accounts, vacation homes and heirlooms, the court will first divide the property into categories called marital property and separate property.  Most property that married people own will be considered joint or marital property and subject to a roughly equal division between the spouses.  Marital property or money, is anything that comes into the marriage by the efforts (or luck in the case of lottery winnings) of either party.  That means any income earned, property or land purchased, retirement funds, etc. that are earned or purchased during the marriage will be subject to equitable or equal division.

Separate property is considered the separate property of one spouse and not subject to division or offset by other property, it is not shared with the other spouse, it is essentially protected.  Separate property usually falls into one of a few categories, one of these is inheritances.  Inheritances that are left to one spouse only and that are kept separate from other property are considered to be owned solely by the inheriting spouse and that property does not have to be shared with the other spouse.  One has to be careful to keep the property separate and not commingled with marital property and there are some exceptions in rare circumstances, but typically it is protected and given to the inheriting spouse.

If you have questions regarding a potential divorce or separation or are in need of a prenuptial agreement, please do not hesitate to contact us by clicking on this link or calling (248) 608-4123.