QUESTION

If I filed for divorce am I entitled to list the church as a business?

Asked on Oct 01st, 2012 on Divorce - Michigan
More details to this question:
I am married to a pastor. We founded a church 9 years ago. On the articles of incorporation only our names are listed. During the last year, it was discovered he was having an affair with one of his members. He tried to get a ppo against me which false reports were made and walked out of court, ppo was dropped. Being he asked me to leave church saying he don't want to worship with me he has slandered my name among members, taken me off bank accounts, changed locks at church, taken me off as vice president stating I am not a member since I have not been attending. He did not let me know what church bylaws stated when we started church. He handles all tithes and offerings for church and sets his own income, which he does not share with the church, or files taxes. In a divorce, am I entitled to list the church as a business being Supreme Court ruled that a church is an asset being he uses church as his personal piggy bank for himself?
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2 ANSWERS

Dennis P. Mikko
If the church is owned by him and you, it is a marital asset. Your attorney can assist you in evaluating this asset and making sure that it becomes a part of the divorce.
Answered on Oct 04th, 2012 at 11:21 AM

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Family Law Attorney serving Canton, MI at Woods and O'Keefe
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The income he derives from the church is real income and figures in child support and alimony. In discovery you will find out what his real assets are. The church is an asset if he uses it as one. I would list it as a business.
Answered on Oct 04th, 2012 at 12:36 AM

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