Full question:
My husband and I have decided to part ways. We both work in the IT industry and have developed several products that have copyrights. Some of the copyrights are individual while others are joint. In the event of a divorce in a Detroit family court, how will these be treated and divided?
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Michigan
Answer:
In Michigan, which follows equitable distribution, both spouses have a fair claim to the marital assets, regardless of legal ownership. According to MCLS § 552.401, the court may divide property fairly based on each spouse's contributions to its acquisition or improvement. This includes both real and personal property.
Marital property consists of assets acquired during the marriage, while separate property includes assets owned before the marriage, gifts, inheritances, or items received after separation. Intellectual properties, like copyrights, are treated as separate property if created before marriage. If a copyright is developed shortly after marriage but the work was done before, it may also be considered separate. However, copyrights developed during the marriage are generally marital property. If work on a copyright occurs both before and after marriage, it may have both marital and separate interests.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.