Should the personal property attained prior to marriage be divided and shared between the spouses?
Full Question:
I got married a month ago and I live in Michigan with my husband. Prior to my marriage, I had earned a considerable amount of money and I also own few properties in Michigan. Now that I am married, do I have to share my property with my husband or will it be treated as my personal property as it was when I was unmarried?
11/24/2016 |
Category: Marriage ยป Marital Prop... |
State: Michigan |
#27127
Answer:
Michigan Compiled Laws §557.21 Sec 1 discusses the status of the property acquired by a woman before or after marriage, and earnings of a married woman. It reads as follows:
“(1) If a woman acquires real or personal property before marriage or becomes entitled to or acquires, after marriage, real or personal property through gift, grant, inheritance, devise, or other manner, that property is and shall remain the property of the woman and be a part of the woman's estate. She may contract with respect to the property, sell, transfer, mortgage, convey, devise, or bequeath the property in the same manner and with the same effect as if she were unmarried. The property shall not be liable for the debts, obligations, or engagements of any other person, including the woman's husband, except as provided in this act.
(2) A married woman has the absolute right to have, hold, own, retain, and enjoy earnings acquired by the married woman as the result of her personal efforts and those earnings shall be considered the property of the married woman as described in subsection (1).”
However, a separate property can also become a marital property if it is mixed with the marital property.
In your case, all the property owned by you and the amount of money in your name before marriage will be considered your separate property and need not be divided unless you intend to do it.