Marital Domestic Separation and Property Settlement Agreement Adult Children Parties May have Joint Property or Debts where Divorce Action Filed - Michigan 2025

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If the money was earned or deposited into that separate account during the marriage, its generally considered marital property, subject to division. However, if the account holds an inheritance or gift made solely to you, and these funds havent been mixed with marital assets, they may remain your separate property.
The law generally requires marital property to be equally divided between divorcing spouses in Michigan. However, the judge can decide to alter this baseline 50/50 distribution based on relevant factors, such as: Length of the Marriage: Shorter marriages may result in less than 50/50 splits.
Unfortunately, separate bank accounts are not protected from property division if the assets deposited were acquired during the marriage. Although the funds were not commingled, since they were deposited during the marriage, they will be deemed as marital property, which will be subject to equitable distribution.
The answer is, its part of the marital estate. It doesnt matter whose name the account is. it matters when it was accumulated. Even if its in your own name.
Spouses are fiduciaries to each other so they are not permitted to have secret accounts or to otherwise conceal information regarding bank accounts. To do so exposes that spouse to a breach of fiduciary duty claim.

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Legally, one spouse can drain the account unless there is a court order or agreement restricting access. However, this action could be addressed during divorce proceedings, particularly in relation to the division of property or financial misconduct.
Each spouse is responsible for a fair share of the marital debt. This usually means each person has to pay about half of the total debt. In some cases, a judge could decide that it is fair to divide debt in a different way.
Assets that may be protected from equitable distribution during a divorce are typically belong to one of two types: premarital property that has been kept from being commingled or transitioned and gifts or inheritances.

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