According to the motion, Article III only allowed the identification and distribution of heirlooms, not all personal property. P argued that the John Deere tractor and other valuable items were not heirlooms and should not have been distributed to N.
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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.
A motion for summary disposition under MCR 2.116(C)(10) should be granted if the evidence submitted by the parties fails to establish a genuine issue of a material fact, and the moving party is entitled to judgment or partial judgment as a matter of law.
Most contracting agreements move forward without any problems, but when disputes between contracting parties come up, it can be confusing to understand the legal process to take. The legal experts at Aldrich Legal Services want to make the...
Plaintiff argues that the trial court erred by declining to consider the possible tax consequences arising from the selected distribution method.
The land contract stated that T Company sold real property to plaintiff. The land contract further stated that if plaintiff failed to make a monthly payment, T Company could execute the quitclaim deed, thereby terminating plaintiff’s rights to the real property under the land contract.
The trial court granted defendants’ motion for summary disposition, concluding that the claims against the realty companies were barred by the valid release contained in the purchase agreement and that the claims against sellers were required to be resolved in arbitration because they fell within the scope of the arbitration clause in the purchase agreement.
DIVORCE 29: Spousal support in gross is non-modifiable, whereas periodic is subject to modification.
As the name implies, periodic spousal support payments are made on a periodic basis. Periodic spousal support payments are subject to any contingency, such as death or remarriage of a spouse, whereas spousal support in gross is paid as a lump sum or a definite sum to be paid in installments. In addition, one major difference between the two types of spousal support is modifiability. Spousal support in gross is non-modifiable, whereas periodic spousal support is subject to modification pursuant to MCL 555.28.1.
When something drastic happens, many people need to take extra steps to rebuild your home, recover property, or pay medical bill collectors. Unfortunately, most people believe they have no backup plan if their insurance company refuses their claim...
A probate court’s consideration of the couple’s circumstances cannot involve an assumption that the institutionalized spouse should receive 100% free medical care under Medicaid or an assumption that a community spouse is entitled to maintain his or her standard of living. Medicaid is a need-based program, and a Medicaid recipient is obligated to contribute to his or her care.
REAL ESTATE 37: Trial court can set aside a foreclosure sale if there is a strong case of fraud or irregularity.
When the statutory requirements for mortgage foreclosure are met, a trial court generally lacks authority to set aside a foreclosure sale except in a strong case of fraud or irregularity.
The court found the requested change of domicile will not change the children’s established custodial environment. Additionally, at the January 8, 2019 hearing, the trial court discusses the established custodial environment, and father’s counsel acknowledges that the established custodial environment is with the mother.
Michigan includes a point system as part of the enforcement process for driving. Officers assign points to a driver’s record for violations such as going through a red light, driving recklessly, or speeding. Points carry consequences for...
Respondent, now represented by counsel, filed a motion for reconsideration or relief from the probate court’s order, arguing that the order inappropriately distributed trust assets before other issues in the action were resolved, and arguing further that respondent was prejudiced by his lack of notice and inability to retain counsel before the hearing.
The trial court’s observation that defendant was able to live in the house rent-free for 14 years was an additional equitable reason for rejecting defendant’s claim that she should be awarded part of the value of the real property.
REAL ESTATE 36: Plaintiff argued that her claim was not time-barred because it did not accrue until the grandmother’s death.
Plaintiff’s interest in the subject property is best characterized as a remainder estate, because her right to possession of the property was postponed until the occurrence of a specific contingency, that being the deaths of the grandparents. Plaintiff pursued this action within the 15-year limitation period; accordingly, this action is not barred by MCL 600.5801(4).
DIVORCE 27: Settlement reached at mediation must be signed to be binding, or recorded by audio or video.
The fact that this agreement as to custody and parenting time did not resolve all the disputes between the parties, with the court recognizing that some other little things purportedly agreed to at mediation were going to be added to the judgment, does not render the partial agreement invalid. Plaintiff is entitled to a trial on these remaining, unresolved issues.
No matter how a divorce began or how complicated the proceedings became, couples typically emerge with a substantial agreement about finances, assets, children, living situations, and any other relevant information. These legally binding...
REAL ESTATE 35: An easement holder has the limited right to use the land but does not have the right to possess that land as does the fee owner of the land.
Accordingly, plaintiffs requested declaratory relief, allowing them to make the proposed modifications to the easement as depicted in the gravel drive improvement plan and prohibiting the defendants from interfering with their maintenance of the easement.
The trial court determined that under the UCC, the express terms of the parties’ agreements prevailed over the course of their performance and course of dealing. Although a course of performance may show that parties have waived a specific contractual term under MCL 440.1303(6), the statute does not similarly provide that a course of dealing may demonstrate waiver.
In support of the allegations, petitioner attached clinical certificates from a physician and a psychiatrist who observed respondent at the hospital. Both doctors diagnosed respondent with bipolar disorder, determined that she displayed a likelihood of injuring herself and that she did not understand the need for treatment, and recommended a course of treatment that consisted of 60 days of hospitalization and 90 days of outpatient care.
The appeals court was concerned with the trial court’s minimization of the effect of the domestic violence in the home upon the parties’ children.
Being sensitive to the fact that respondent must walk the tightrope of balancing the needs of consumer, sometimes against one another, with the limited resources that it has, MCL 330.1536 is clear that respondent cannot transfer a consumer if the transfer would be detrimental to that consumer.
LITIGATION 5: The trial court properly relied on defense counsel’s representation because an attorney speaks for his client.
The trial court then entered an order settling the consent judgment, which stated that the parties stipulated, on the record, to settle plaintiff’s inverse condemnation claim for $10,000, and that the settlement was approved by defendant’s city council.
So, you have a great idea and the experience to back it up. You are in a great starting place, but you have some work to do before jumping into forming your own business. Consider the following steps before you begin the process of starting your...
FAMILY LAW 33: Defendant posited that he was an affiliated father under the Revocation of Paternity Act.
Following entry of the judgment of divorce, plaintiff filed a motion for revocation of an acknowledged father’s paternity under MCL 722.14371 of the Revocation of Paternity Act (RPA).
The fact that an irrevocable trust, which includes former assets of an institutionalized spouse, can make payments to a community spouse does not automatically render the assets held by the trust countable for the purpose of an institutionalized spouse’s initial eligibility determination.
FAMILY LAW 32: Trial court committed error in failing to address whether there was an established custodial environment.
On appeal, plaintiff argues that the trial court failed to make any findings regarding (1) the child’s established custodial environment, (2) the child’s best interests regarding the grant of primary physical custody to defendant, (3) the child’s best interests with respect to parenting time, and (4) the child’s best interests pertaining to the parties’ dispute over daycare.
the probate court determined that Daughter J had managed the estate in a manner that promoted her own interests as a beneficiary over the interests of the estate. The probate court found that such management demonstrated mismanagement of the estate and that removal of Daughter J was therefore in the best interests of the estate.
One tough break seems to lead to another. If you get behind on mortgage payments, you could be in danger of having your house foreclosed upon by the bank. Lenders foreclose on real estate to recoup their losses. But this means you won’t have a...
The statute only applies to any surplus money after satisfying the mortgage on which the real estate was sold. Therefore, for the Petitioners to be entitled to anything under MCL 600.3252, the mortgage on the Southfield property must have been satisfied and there must be surplus money remaining after the mortgage is satisfied.
An entity’s bylaws are a contractual agreement between the entity and its members. Condominium association bylaws constitute a binding contractual agreement between the governing entity and its members to the extent that the bylaws do not conflict with or are not inconsistent with state law.
FAMILY LAW 31: Custody decisions require all best interest factors, but parenting time decisions only contested issues.
Custody decisions require findings under all the best interest factors, but parenting time decisions may be made with findings on only the contested issues.
Many big decisions come with getting engaged. Planning for marriage can be exciting and romantic, although the thought of adding a prenuptial agreement may not stoke your passion, they can help you now and in the future. Prenuptial agreements are...
In deciding issues on appeal involving division of marital property, the Court first reviews the trial court’s findings of fact.
Plaintiffs requested that the trial court, either through reformation of the First Easement or interpretation of the Second Easement, quiet title in favor of plaintiffs and declare them to be the owners of an easement to access Lake Superior through the ravine on defendants’ property, enjoin defendants from interfering with their use of the easement, and order compensation for damages to the stairs.
Defendants completed the project. Plaintiff did not pay for any of the costs of the project. Defendants moved to compel plaintiff to pay one-half of the costs under the agreement. Plaintiff responded that defendants had materially breached the agreement in several ways, including by denying her the right to supervise the project, by refusing to give her an installation schedule, and by starting work before plaintiff approved of the start date.
FAMILY LAW 30: Discretionary trust assets cannot be reached to satisfy claims for child support and alimony.
The key difference between discretionary trusts, support trusts, and spendthrift trusts is that creditors cannot compel the trustee of a discretionary trust to pay any part of the income or principal in order that the creditors may be paid. The opposite is true of spendthrift and support trusts, which allow trust assets to be reached to satisfy creditors, including creditors seeking to satisfy claims for child support and alimony.
Families can help each other through life’s toughest moments. However, issues come up when the strain of losing a loved one combines with the stress of honoring their last wishes. Probate protects beneficiaries best interests. Though...
REAL ESTATE 31: Bank agreed to not proceed with foreclosure if defendant made modified loan payments.
In May 2015, Bank A and defendant entered into an agreement (the Trial Plan), temporarily modifying the loan. Bank A agreed to not proceed with a foreclosure sale if defendant made payments of $1,382.62 for three months.