Mich. Comp. Laws » Michigan Compiled Laws / Chapter 552 / Act 42 of 1949
Michigan Compiled Laws

Mich. Comp. Laws § 552.401 (2026)

Property owned by spouse; award to party contributing to acquisition, improvement, or accumulation thereof; effect of decree.

✓ current as of July 2026
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AWARD OF PROPERTY OWNED BY SPOUSE TO PARTY


Act 42 of 1949


552.401 Property owned by spouse; award to party contributing to acquisition, improvement, or accumulation thereof; effect of decree.

Sec. 1.

    The circuit court of this state may include in any decree of divorce or of separate maintenance entered in the circuit court appropriate provisions awarding to a party all or a portion of the property, either real or personal, owned by his or her spouse, as appears to the court to be equitable under all the circumstances of the case, if it appears from the evidence in the case that the party contributed to the acquisition, improvement, or accumulation of the property. The decree, upon becoming final, shall have the same force and effect as a quitclaim deed of the real estate, if any, or a bill of sale of the personal property, if any, given by the party's spouse to the party.

History: 1949, Act 42, Eff. Sept. 23, 1949 ;-- Am. 1983, Act 215, Imd. Eff. Nov. 11, 1983

Notes of Decisions
Cited in 86 cases (29 in the last 5 years), 1960–2026 · leading case: Estes v. Titus, 751 N.W.2d 493 (Mich. 2008).
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Estes v. Titus, 751 N.W.2d 493 (Mich. 2008). · cites it 6× “11 MCL 552.401 provides: The circuit court of this state may include in any decree of divorce or of separate maintenance entered in the circuit court appropriate provisions awarding to a party all or a portion of the property, either real or personal, owned by his or her spouse,…”
Reed v. Reed, 693 N.W.2d 825 (Mich. Ct. App. 2005). · cites it 4× “§ 552.401, permits the trial court to invade a spouse's separate property when the other spouse "contributed to the acquisition, improvement, or accumulation of the property.”
Charlton v. Charlton, 243 N.W.2d 261 (Mich. 1976). · cites it 12× “The Legislature, however, left intact MCLA 552.401; MSA 25.136: "The several circuit courts of the state of Michigan, sitting in chancery, may include in any decree of divorce, or for separate maintenance, entered therein appropriate provisions awarding to the husband all of the…”
Korth v. Korth, 662 N.W.2d 111 (Mich. Ct. App. 2003). · cites it 6× “§ 552.401, which permits invasion when the other spouse "contributed to the acquisition, improvement, or accumulation of the property.”
Allard v. Allard, 867 N.W.2d 866 (Mich. Ct. App. 2014). · cites it 8× “23(1) or MCL 552.401. The court explained that if it allowed such an invasion to take place, then the right to freely contract would be jeopardized.”
Allard v. Allard, 878 N.W.2d 888 (Mich. 2016). · cites it 6× “23(1) and MCL 552.401. The Court of Appeals held that MCL 552.”
Cunningham v. Cunningham, 795 N.W.2d 826 (Mich. Ct. App. 2010). · cites it 2× “23 and MCL 552.401. C. DEFENDANT’S RETROACTIVE BENEFIT AWARD In this case, the trial court erred by finding that the retroactive award was defendant’s separate property.”
Estes v. Titus, 731 N.W.2d 119 (Mich. Ct. App. 2007). · cites it 6× “MCL 552.401 governs the division of property in a divorce proceeding and states: The circuit court of this state may include in any decree of divorce or of separate maintenance entered in the circuit court appropriate provisions awarding to a party all or a portion of the…”
Stoudemire v. Stoudemire, 639 N.W.2d 274 (Mich. Ct. App. 2002). · cites it 2× “23 or MCLA 552.401. See McCormick v McCormick, 221 Mich App 672 , [681]; 562 NW2d 504 (1997).”
In Re Combs, 435 B.R. 467 (Bankr. E.D. Mich. 2010). · cites it 5× “Under Mich. Comp. Laws Ann. § 552.401 , a state court “may include in any decree of divorce .”
Reeves v. Reeves, 575 N.W.2d 1 (Mich. Ct. App. 1998). · cites it 2× “§ 552.401; M.S.A. § 25.136. When one significantly assists in the acquisition or growth of a spouse's separate asset, the court may consider the contribution as having a distinct value deserving of compensation.”
Krist v. Krist, 631 N.W.2d 53 (Mich. Ct. App. 2001). · cites it 3× “*69 Defendant points to MCL 552.401 and MCL 552.23, arguing that the arbitrator violated Michigan law.”
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