Generally, inheritances are considered separate property in Michigan if they are kept separate. That means if you receive an inheritance and keep it in your own name, it may not be divided in divorce.

However, inheritances sometimes get “commingled”—for example, if funds are deposited into a joint account. Once that happens, it can be difficult to argue that the inheritance should remain separate.

Even when an inheritance is treated as separate property, it can sometimes still be considered if, for example, one spouse’s financial resources are much greater than the other’s, or if the non-owner spouse helped the asset grow. Because the rules are fact-specific, it’s important to discuss your particular situation with an attorney before assuming your inheritance is fully protected.