What Becomes of Pre-Inheritance Property in a Divorce?
Thursday, 21 May 2009 08:11

In a recent Michigan appellate court decision, one party excluded his partnership interest in a family business that was owned and operated by him and several other family members. The wife challenged this exclusion and the court held that the property in question was a pre-inheritance transfer from the husband’s parents to their children and thus should be treated as a regular inheritance. Accordingly, the interest in the family business was separate property and should not be included in the marital estate in a Michigan divorce.

 

When deciding whether such pre-inheritance property interests are part of the marital estate or not, your Michigan Divorce attorney will look to such points as whether or not:

 
  • There are non-party co-owners
  • Development restrictions on the property exists
  • Which party is responsible for the breakdown of the marriage
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