Michigan Compiled Laws
Mich. Comp. Laws § 557.71 (2026)
Equal rights of husband and wife holding property as tenants by entirety.
✓ current as of July 2026
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INCOME RIGHTS OF HUSBAND AND WIFE AS TENANTS BY ENTIRETY
Act 288 of 1975
557.71 Equal rights of husband and wife holding property as tenants by entirety.
Sec. 1.
A husband and wife shall be equally entitled to the rents, products, income, or profits, and to the control and management of real or personal property held by them as tenants by the entirety.
History: 1975, Act 288, Imd. Eff. Dec. 10, 1975
Notes of Decisions
Cited in 21
cases, 1976–2019 · leading case: United States v. Craft, 535 U.S. 274 (2002).
United States v. Craft, 535 U.S. 274 (2002). “Finally, while the federal tax lien could arguably have attached to a tenant's right to any "rents, products, income, or profits" of real property held as tenants by the entirety, Mich. Comp. Laws Ann. § 557.71 (West 1988), the Grand Rapids property created no rents, products,…”
Tkachik v. Mandeville, 790 N.W.2d 260 (Mich. 2010). “Furthermore, MCL 557.71 states, “a husband and wife shall be equally entitled to the rents, products, income, or profits, and to the control and management of real or personal property held by them as tenants by the entirety.”
Nat'l Pride at Work, Inc v. Governor, 748 N.W.2d 524 (Mich. 2008). “[5] For example, the right to hold property as tenants by the entirety, MCL 557.71; an equal interest in property of every kind acquired during the marriage, MCL 557.”
United States v. Barr, 617 F.3d 370 (6th Cir. 2010). “" Mich. Comp. Laws § 557.71 . If property held by the entirety is sold, each spouse is entitled to half of the proceeds, and upon divorce, state law provides for a default equal division of such property.”
Dow v. State of Michigan, 240 N.W.2d 450 (Mich. 1976). “Act 288 provides: "A husband and wife shall be equally entitled to the rents, products, income, or profits, and to the control and management of real or personal property held by them as tenants by the entirety.”
Nat'l Pride at Work, Inc v. Governor, 732 N.W.2d 139 (Mich. Ct. App. 2007). “204; the right to hold property as tenants by the entirety, MCL 557.71; the right to pension and retirement benefits that accrue during the marriage, MCL 552.”
Craft v. United States, 140 F.3d 638 (6th Cir. 1998). “See Mich. Comp. Laws § 557.71 ; Rogers v. Rogers, 136 Mich.”
United States v. Diane Davis, 815 F.3d 253 (6th Cir. 2016). “Faced with an argument similar to the one Diane Davis raises here, we concluded that “because Michigan law provides for equal division of property upon divorce or consensual sale, differences in life expectancy do not result in different survivorship interests.”
In Re Spears, 308 B.R. 793 (W.D. Mich. 2004). “See § 557.71 (West 1988). Neither spouse may unilaterally alienate or encumber the property, Long v.”
Tkachik v. Mandeville, 764 N.W.2d 318 (Mich. Ct. App. 2009). “MCL 557.71. In addition, and most significantly for the matter at issue, both spouses have the right of survivorship, meaning that in the event that one spouse dies, the remaining spouse automatically owns the entire property.”
Olson v. Parker (In Re Parker), 395 B.R. 12 (Bankr. W.D. Mich. 2008). “Unlike joint tenancies, however, tenancies by the entirety cannot easily be severed unilaterally.”
United States v. Deborah Barczyk, 434 F. App'x 488 (6th Cir. 2011). “2010) (quoting Mich. Comp. Laws § 557.71 ) (alterations in original).”
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