Michigan Compiled Laws

Mich. Comp. Laws § 552.19 (2026)

Restoration of real and personal estate to parties.

✓ current as of July 2026
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Revised Statutes of 1846


R.S. of 1846


552.19 Restoration of real and personal estate to parties.

Sec. 19.

    Upon the annulment of a marriage, a divorce from the bonds of matrimony or a judgment of separate maintenance, the court may make a further judgment for restoring to either party the whole, or such parts as it shall deem just and reasonable, of the real and personal estate that shall have come to either party by reason of the marriage, or for awarding to either party the value thereof, to be paid by either party in money.

History: R.S. 1846, Ch. 84 ;-- CL 1857, 3240 ;-- CL 1871, 4751 ;-- How. 6241 ;-- CL 1897, 8634 ;-- CL 1915, 11410 ;-- CL 1929, 12741 ;-- CL 1948, 552.19 ;-- Am. 1970, Act 182, Imd. Eff. Aug. 3, 1970 ;-- Am. 1971, Act 75, Eff. Jan. 1, 1972

PopularName Notes:

No-Fault Divorce
Notes of Decisions
Cited in 90 cases (22 in the last 5 years), 1951–2026 · leading case: Reed v. Reed, 693 N.W.2d 825 (Mich. Ct. App. 2005).
Reed v. Reed, 693 N.W.2d 825 (Mich. Ct. App. 2005). · cites it 4× “§ 552.19 provides that upon granting a divorce, "the court may make a further judgment for restoring to either party the whole, or such parts as it shall deem just and reasonable, of the real and personal estate that shall have come to either party by reason of the marriage, or…”
Beard v. Comm'r, 77 T.C. 1275 (Tax Ct. 1981). · cites it 8× “103(1) (Callaghan 1974)), which provide as follows: Sec.”
Cunningham v. Cunningham, 795 N.W.2d 826 (Mich. Ct. App. 2010). · cites it 3× “MCL 552.19. Once a court has determined what property is marital, the whole of which constitutes the marital estate, only then may it apportion the marital estate between the parties in a manner that is equitable in light of all the circumstances.”
Tkachik v. Mandeville, 790 N.W.2d 260 (Mich. 2010). · cites it 2× “56 However, the cases on which the majority relies—discussing the presumption of gift doctrine among spouses and equity in divorce and separation actions—interpret concepts that are separate and distinct from those relevant to a tenancy by the entirety that is automatically…”
Schubiner v. Zolman (In re Schubiner), 590 B.R. 362 (Bankr. E.D. Mich. 2018). · cites it 2× “" Mich. Comp. Laws Ann. § 552.19 . And upon entry of either type of judgment, "if the estate and effects awarded to either party are insufficient for the suitable support and maintenance of either party and any children of the marriage who are committed to the care and custody…”
Charlton v. Charlton, 243 N.W.2d 261 (Mich. 1976). · cites it 4× “Construing MCLA 552.19; MSA 25.99, [1] and MCLA 552.”
Byington v. Byington, 568 N.W.2d 141 (Mich. Ct. App. 1997). · cites it 3× “” MCL 552.19; MSA 25.99. The property that is subject to apportionment is referred to as “marital property,” and it is this property that comprises the marital estate.”
Korth v. Korth, 662 N.W.2d 111 (Mich. Ct. App. 2003). · cites it 2× “2d 385 (2002); MCL 552.19. "However, a spouse's separate estate can be opened for redistribution when one of two statutorily created exceptions is met.”
Miller v. Miller, 269 N.W.2d 264 (Mich. Ct. App. 1978). · cites it 4× “[2] See MCL 552.19; MSA 25.99. The trial court found that the pension interests were marital property.”
Woodington v. Shokoohi, 792 N.W.2d 63 (Mich. Ct. App. 2010). “” MCL 552.19. Generally, marital assets are subject to being divided between the parties, but separate assets may not be invaded.”
Reeves v. Reeves, 575 N.W.2d 1 (Mich. Ct. App. 1998). · cites it 2× “§ 552.19; M.S.A. § 25.99 (emphasis added).”
Pickering v. Pickering, 706 N.W.2d 835 (Mich. Ct. App. 2005). “MCL 552.19. Of the $22,000 of personal assets defendant claims he brought into the marriage, $19,876 is alleged to be equity in the parties’ first home.”
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