Q: Can inheritance in a joint account be divided in a divorce in Michigan?
During a divorce, can a judge award part of an inheritance that I received during the marriage and deposited into a joint account, given that there were no prenuptial or postnuptial agreements in place?
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A:
In Michigan, inheritances are generally considered separate property and not subject to division during a divorce. However, if you deposited your inheritance into a joint account shared with your spouse, it may be deemed "commingled," potentially transforming it into marital property. This commingling can make the inheritance subject to division under Michigan's equitable distribution laws .
The court examines how the inherited funds were handled. If the inheritance was used for joint expenses, invested in marital assets, or managed jointly, it strengthens the case for it being considered marital property. Even without a prenuptial or postnuptial agreement, the manner in which the funds were used can influence the court's decision .
To protect inherited assets, it's advisable to keep them in separate accounts and avoid mixing them with marital funds. If you're concerned about the classification of your inheritance during a divorce, consulting with a family law attorney can provide guidance tailored to your situation.
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