Separate property can be invaded in divorce.
Michigan statutory law authorizes a court to divide property in a divorce that was acquired “by reason of the marriage” MCL 552.19. Generally speaking, property acquired by reason of the marriage is considered marital property whereas property acquired before or after marriage is considered separate property. Simply put, a court will divide marital property (See: Byington v Byington ) and not divide separate property (See: Reeves vs. Reeves , providing that: “each party takes away from the marriage that party’s own separate estate with no invasion by the other party”). However, there are certain circumstances when separate property can be invaded.
