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How to Keep Your Separate Property Separate in a Divorce

 Posted on January 24, 2025 in Divorce

Novi, MI divorce lawyerProperty disputes are one of the most contentious parts of a divorce. After years of living together, a couple may struggle to determine what counts as marital property and what does not. Even if you do not plan to get a divorce, taking steps to establish your separate property can save you time and money. A Michigan family law attorney can help secure your assets. 

At Elkouri Heath, PLC, we can advise you of your best options to avoid commingling your property and protect your separate assets. Our legal professionals are here to keep things simple, offering sensible guidance for any family issue.

Use Binding Documents

A prenuptial or postnuptial agreement is a legal document that can give you separate property rights. The only difference between a prenuptial and postnuptial agreement is whether the document is signed before or during your marriage. 

However, any prenuptial or postnuptial agreement still has to be approved by a judge. If the court finds that the agreement is not fair to one spouse, it may not be deemed legally binding. Our family law attorneys can review the terms beforehand to see if they will hold up to a judge’s scrutiny.

Do Not Mix Personal Monies

It is fairly common for spouses to open shared bank accounts after getting married. However, putting money in a shared bank account makes it hard to distinguish as separate property. You should also know that any income earned after your wedding is considered a marital asset. This means that any wages you put into a personal bank account during a marriage could cause the entire contents of the account to become commingled.

A personal bank account will likely be treated as separate property if:

  • Your spouse’s name is not on the account

  • The account was established before your marriage

  • You did not put any marital funds into the account during the marriage

Be Mindful of Gifts

In most cases, inheritances or gifts that are specifically made out to one person are considered separate property. However, there are exceptions to this rule. For instance, if you received $50,000 from an inheritance and invested that money into your marital home, the inheritance then becomes commingled. Putting a monetary gift into a joint bank account could also change its identity to marital property.

If you want to maintain full ownership of an inheritance or gift, a skilled family law attorney can provide you with professional guidance on how to secure your property.

Meet With a Northville, MI Divorce Lawyer Today

Property division can be a touchy subject. Even if you are not considering divorce, it may be in your best interests to take precautions to establish what belongs to you and what is shared with your spouse. A Novi, MI family law attorney at Elkouri Heath, PLC can be a source of counsel. We are also prepared to represent you in property division disputes during a divorce. To schedule a free consultation, call us at 248-344-9700 today.

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