Family Law

Inheritances, Gifts and Separate Property in a Michigan Divorce

October 2026 Updated 2026-10-17 7 min read
Quick Answer

In Michigan, property a spouse owned before the marriage, or received during the marriage by inheritance or as a personal gift, is generally separate property that the other spouse does not share in a divorce (Reeves v Reeves, 226 Mich App 490 (1997)). But separate property can lose that protection if it is commingled with marital assets and treated as marital (Cunningham v Cunningham, 289 Mich App 195 (2010)), and a court can still award part of it to the other spouse if the marital estate is not enough for that spouse's support (MCL 552.23) or if that spouse contributed to its acquisition, improvement or accumulation (MCL 552.401).

Many of the clients I see in high-asset divorces did not build all of their wealth during the marriage. There is the house one spouse owned before the wedding, the family business a parent handed down, a seven-figure inheritance, a trust, stock gifted by a grandparent. The question in each case is the same: does my spouse get half of this?

In Michigan the starting answer is usually no. But that answer comes with conditions, and many people lose separate property without realizing it.

What Counts as Separate Property

Michigan divides marital property equitably in a divorce. Separate property is generally not part of that division. In Reeves v Reeves, 226 Mich App 490 (1997), the Court of Appeals confirmed that the trial court's first task is to decide which assets are marital and which are separate, and that separate property is normally awarded to the spouse who owns it.

Separate property usually includes:

The spouse claiming that an asset is separate generally has to prove it, which is why documentation matters so much.

How Separate Property Becomes Marital

Separate property does not stay separate automatically. In Cunningham v Cunningham, 289 Mich App 195 (2010), the Court of Appeals explained that separate assets can lose their character and become marital when they are commingled with marital assets and treated by the parties as marital property. Common ways this happens:

Commingling is a matter of degree. A single deposit that can be traced may not convert a whole account. Years of mixed deposits and withdrawals often will. Bank statements, closing documents and estate records that trace the money from its source to where it is now are the most important evidence a spouse can have.

Appreciation: When the Growth Is Marital

Even when an asset stays separate, its increase in value during the marriage may not. Michigan courts generally distinguish between:

For business owners this can be the largest issue in the case. A company worth $1 million at the wedding and $6 million at divorce may be "separate," while most of the $5 million increase is on the table. See Dividing a Business in a Michigan Divorce.

The Two Statutory Exceptions

Even property that is clearly separate can be reached in two situations.

1. Need (MCL 552.23). If the property awarded to a spouse from the marital estate is insufficient for the suitable support and maintenance of that spouse and any children in that spouse's care, the court may award part of the other spouse's separate estate, after considering each party's ability to pay, their character and situation, and all the other circumstances of the case.

2. Contribution (MCL 552.401). The court may award a spouse part of the other spouse's property if that spouse "contributed to the acquisition, improvement, or accumulation of the property." A spouse who spent years helping run the other's premarital business, or whose labor and money went into a premarital home, may have a claim even if the title never changed.

These exceptions are applied case by case, and they are not routine. But they mean that a large separate estate alongside a small marital estate invites scrutiny.

Trusts and Expected Inheritances

How to Protect Separate Property

If you have, or expect to receive, significant separate assets:

  1. Keep it in your name alone. Use a separate account titled only to you.
  2. Do not use it for joint expenses or to pay down jointly owned property unless you intend to share it.
  3. Keep the paper trail. Save estate documents, gift letters, account statements from the date of marriage and the date of receipt, and closing statements.
  4. Consider a prenup or postnup. A written agreement is the clearest protection, and Michigan courts generally enforce agreements that are fair and fully disclosed.
  5. If you are already divorcing, do not move money. Shifting assets now can look like concealment and damage your credibility. Let your lawyer handle tracing.

The Other Side of the Case

If your spouse claims that a large part of the wealth is separate, the questions run the other way: Was it really kept apart? Did marital money or your work increase its value? Is the marital estate enough to support you? Tracing works in both directions, and so do forensic accountants. See Hidden Assets in Michigan Divorce.

Separate property disputes are usually won or lost on documents and tracing, not on arguments. Our high-asset divorce practice works with forensic accountants and valuation experts when the stakes call for it. If family wealth or a premarital asset is at issue in your divorce, a free, confidential consultation can help you understand where you stand.

Is an inheritance marital property in a Michigan divorce?
Generally no. An inheritance received by one spouse is ordinarily that spouse's separate property. It can become marital, however, if it is commingled with marital funds and treated as marital, for example by depositing it into a joint account used for household expenses or using it to pay down the mortgage on a jointly owned home.
What does commingling mean in a Michigan divorce?
Commingling is mixing separate property with marital property so that the two can no longer be traced apart, or treating separate property as belonging to both spouses. Under Cunningham v Cunningham, 289 Mich App 195 (2010), separate assets can transform into marital property when they are commingled with marital assets and treated by the parties as marital.
Can a Michigan court ever award my separate property to my spouse?
Yes, in two situations. Under MCL 552.23, the court can invade separate property if the marital estate is insufficient for the suitable support of the other spouse or the children. Under MCL 552.401, the court can award part of separate property to a spouse who contributed to its acquisition, improvement or accumulation.
Is the increase in value of my premarital home or business marital property?
It depends on why the value increased. Growth from market forces alone usually stays separate. Growth caused by either spouse's work, marital money or active management during the marriage can be treated as marital and divided.
How can I protect an inheritance during my marriage in Michigan?
Keep it in an account in your name alone, do not add your spouse to the title, do not use it for joint expenses or to pay down jointly owned property, keep records that trace it back to the source, and consider a prenuptial or postnuptial agreement. If you have already mixed funds, records that trace the money can still matter.
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Protecting an Inheritance or Family Wealth?

Jordan Dizik represents Oakland County clients with family money, trusts and premarital assets, before and during divorce. Free, confidential consultation.

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