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Michigan Bar Journal20February 2014Fa m i l y L a separate and Marital Property By James J. Harrington III Michigan cases involving separate and marital property are constantly evolving and reflect
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How to fill out separate and marital property?

01
Start by gathering all relevant financial documents such as bank statements, investment accounts, property titles, and any other documentation that shows ownership or value.
02
Identify all the assets that were acquired before the marriage. These will be considered separate property and should be listed separately.
03
Next, list all the assets that were acquired during the marriage. These will be considered marital property and should also be listed separately.
04
For each asset, determine its current value. This can be done by obtaining appraisals for properties, getting valuations for businesses, and checking the latest statements for investment accounts.
05
It is important to distinguish between community property states and common law states. In community property states, all assets acquired during the marriage are generally considered joint property, while in common law states, the division of property may be based on factors such as ownership and contribution.
06
Decide on the division of assets. This can be done through negotiation between both parties or with the help of a mediator or attorney. Consider factors such as the financial needs of each party, the length of the marriage, and any other relevant circumstances.
07
Once the division is agreed upon, it is recommended to have a legal professional review the agreement to ensure its accuracy and compliance with the law.
08
Lastly, update all legal documents such as wills, trusts, and beneficiary designations to reflect the new ownership of assets.

Who needs separate and marital property?

01
Couples who are going through a divorce or legal separation need to determine the division of separate and marital property. This is necessary to ensure a fair and equitable distribution of assets.
02
Individuals who are considering getting married may also want to understand the concept of separate and marital property in order to protect their existing assets and understand how future acquisitions will be classified.
03
Attorneys, mediators, and financial advisors who work with clients going through a divorce or considering marriage need to have a comprehensive understanding of separate and marital property in order to provide accurate and valuable advice to their clients.
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Separate property includes assets and debts acquired before marriage or inherited during marriage, while marital property includes assets and debts acquired during the marriage.
Individuals who are married and filing taxes jointly are required to report separate and marital property.
Separate and marital property can be filled out on tax forms provided by the IRS, making sure to accurately report all assets and debts.
The purpose of reporting separate and marital property is to ensure accurate tax reporting and division of assets in the event of divorce or death.
Information such as income, assets, debts, and any other financial information relevant to the marriage must be reported on separate and marital property forms.
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