Separate assets may lose their character as separate property and transform into marital property if they are commingled with marital assets and treated by the parties as marital property.
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For some, debt is inevitable. Many individuals have some form of debt whether it’s credit card debt or student loans. You and your spouse may have accumulated debt over the years and this raises a huge question. How is debt split up in a...
It is not enough for a defendant to announce a position or assert an error and then leave it up to the Court to discover and rationalize the basis for his/her claims and then search for authority either to sustain or reject his/her position.
The probate court’s decision to order the property sold and the proceeds distributed equally among the beneficiaries is consistent with the settlor’s stated intent to distribute the value of the trust assets to the beneficiaries.
DIVORCE 10: Plaintiff contends that the home is not marital property, but rather separate property not subject to invasion.
The trial court concluded that the home was marital property subject to division because defendant contributed to the marital home by working on it; plaintiff and defendant lived together in the home for two years; and defendant paid for the expenses of the home for six months.
If a party fails to comply with a court order, upon motion by an opposing party, the court may enter a default against the noncomplying party.
MCL 700.7111(1) provides that interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust, including the approval of a trustee’s report or accounting.
Once a divorce is finalized, there still may be a few legal issues that can happen after the divorce proceeding. It’s even possible that new issues can arise after the divorce. In either event, a divorce lawyer can help guide you through these...
FAMILY LAW 16: Provisions of a judgment of separate maintenance do not preclude a court from addressing those issues in a later divorce.
It is mandatory that the court dispose of the related matters of alimony, support and property. Accordingly, the court erred in concluding that the judgment of separate maintenance necessarily controlled.
MCL 257.709(1)(a) provides that a person shall not operate a motor vehicle with [a] sign, poster, nontransparent material, window application, reflective film, or nonreflective film upon or in the front windshield, the side windows immediately adjacent to the driver or front passenger
A noncharitable irrevocable trust may be modified or terminated by the court upon the consent of the trustee and the qualified trust beneficiaries, if the court concludes that the modification or termination of the trust is consistent with the material purposes of the trust or that continuance of the trust is not necessary to achieve any material purpose of the trust.
For sale by owner (FSBO) homes can be a daunting task. However, if you want to do it correctly and smoothly, it’s best done with some assistance from a real estate lawyer. A real estate attorney has the knowledge and experience to...
MCL 700.7602(3)(a) controls a situation of whether a trust can be amended. It provides as follows: The settlor may revoke or amend a revocable trust by substantially complying with a method provided in the terms of the trust.
A contempt proceeding for failure to comply with a parenting time order is generally considered civil in nature.
The threshold to changing custody, finding a change of circumstance or proper cause are intended to erect a barrier against removal of a child from an established custodial environment and to minimize unwarranted and disruptive changes of custody orders.
Divorce is a stressful time, and it's only made worse if you don't prepare properly. After receiving divorce papers, it may take some time to digest what’s happening. The moments after being served, you may have many...
This case involves parties who, after living in Michigan for several years, returned to their native country of India in 2014 with their three children. In 2016, plaintiff returned to Michigan and filed for divorce.
In the application, petitioner stated that the decedent died intestate, and after exercising reasonable diligence, was unaware of any unrevoked testamentary instrument relating to property located in this state.
The court determined that plaintiff’s documents were ambiguous and concluded that they did not meet the requirements of a recordable document. Plaintiff’s deed for real property did not contain terms of consideration or a legal description.
In the state of Michigan, the possession of marijuana is illegal unless you have a medical condition that is debilitating. Below we discuss the marijuana statutes in Michigan. Medical Marijuana The Michigan Medical Marijuana Act states that...
Once the statutory redemption period lapses, courts can only entertain the setting aside of a foreclosure sale where the mortgagor has made a clear showing of fraud, or irregularity.
In this case, the court is asked whether a presumed father may, in a divorce action, challenge his paternity of a child born during the course of the marriage despite the fact that he did not raise the issue within three years of the child’s birth.
An easement may be lost through abandonment. An easement is abandoned when the owner of the easement relinquishes it with the intention of releasing his or her right to the easement. Nonuse of the easement alone does not result in abandonment of the easement.
If you become incapacitated, you will need someone to make decisions on your behalf. These are decisions regarding what medical treatment you receive, paying bills, managing your bank accounts and potentially selling assets. Tales of people abusing their power of attorney designations are common. Many people designate their children, but is this the best choice?
Plaintiff sought to limit the rights of non-riparian lot owners to maintain a dock at the end of a dedicated private road abutting a lake.
Possessing controlled substances is a serious crime that involves drugs and drug paraphernalia. What defines a controlled substance are federal laws like the Controlled Substance Act as well as various state laws. The Controlled Substance...
Plaintiff argues that failing to place a value on defendant’s two businesses and awarding them to defendant, is depriving plaintiff of assets to which she is entitled.
The petitioner has the burden to prove by clear and convincing evidence that termination of the noncustodial parent’s rights is warranted. In order to terminate parental rights, the court must find that the requirements of subsections (a) and (b) are both satisfied.
Although the trial court recognized that a marital estate will normally be divided 50/50, it elected to award 60% to defendant and 40% to plaintiff.
In the state of Michigan, the law requires you to take either a blood, breath or urine test if arrested for an OWI. Michigan has an “implied consent” law which states that if someone lawfully arrested by an officer who has probable cause...
Misdemeanors are often considered a less serious criminal offense compared to their felony counterpart. Common misdemeanors include reckless driving, petty theft, public intoxication, trespassing and more. Although misdemeanors don’t...
The fact that an asset is obtained as a separate asset does not mean its status cannot change. Separate assets may lose their character as separate property and transform into marital property.
Under this section, a homeowner must seek prior approval from the Association before he or she can change the exterior color of his or her home. If that requirement is violated, the Association is entitled to have the color changed and the home repainted a different color at the homeowner’s expense.
An person who proceeds in propria persona is generally held to the same standards as attorneys. Accordingly, a litigant who decides to proceed without counsel is bound by the burdens that accompany such election.
This dispute appears to be whether the arbitrator effectively modified the parties’ Uniform Spousal Support Order by awarding plaintiff 19.5% of the profits from the sale of defendant’s stock.
The informal conference referee found that she was an owner of the property because she was a grantor who had placed her property in a revocable trust. The referee, however, determined that petitioner had failed to present any documentation showing that the property was the deceased’s principal residence.
The trial court analyzed the circumstances of defendant’s specific case and concluded that defendant was not an appropriate candidate to use marijuana while on probation.
Given her noncompliance with her service plan and her lack of progress in addressing her serious mental illnesses, the evidence supports the conclusion that there is no reasonable expectation that respondent will be able to provide proper care.
The referee explained as follows: Michigan law is clear that a minor child cannot have two legal fathers.
This matter arises out of an ongoing dispute between a unit owner in the Condominium, and the Condominium Association.