(a) Whenever the husband or the wife is non compos mentis, or has been convicted of a felony and imprisoned for a period of more than 1 year, or whenever the husband or the wife has deserted the other spouse, or whenever the husband or the wife is an habitual drunkard, or for any other reason is incapacitated or incompetent to receive, manage, control, dispose of, or otherwise deal with community property, the other spouse may present a petition, duly verified, to the circuit court of the county in which the petitioner resides or, if a non-resident of this state, of the county wherein any of the community property is located. The petition shall state the name of the defendant spouse, a summary of all community property, so far as known, and the facts which render the defendant spouse incapable or incompetent to receive, manage, control, dispose of, or otherwise deal with community property, and shall pray that the spouse filing the petition be substituted for the defendant spouse, as to the right to receive, manage, control, dispose of, and otherwise deal with all or any designated portion or portions of the community property, then owned and thereafter to be acquired, which would otherwise be under the management and control of the defendant spouse.
  (b) In all such cases service of process shall be had as in equity proceedings: Provided, however, That where it is alleged that the other spouse is non compos mentis, his guardian shall represent him or a guardian ad litem shall be appointed having such powers as in other civil actions.

Terms Used In Michigan Laws 557.211

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probate: Proving a will
  • Service of process: The service of writs or summonses to the appropriate party.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  (c) Upon the hearing of the petition, the court shall enter a decree either dismissing said petition or adjudging the spouse filing the same to have such power to receive, manage, control and dispose of, and deal with all or any designated portion or portions of community property, then owned and thereafter to be acquired, which would otherwise be under the management and control of the defendant spouse, and containing such other provisions, which as to the court may appear to be just, proper, equitable, and to the best interests of the community.
  (d) In case of any change in conditions after the entry of a decree pursuant to this section, either spouse may, by petition duly verified setting forth such change in conditions, apply to the court having jurisdiction thereof for the entry of a decree modifying or rescinding such decree. In such case notice to the other spouse shall be given in such manner as the court may direct. Upon the hearing of such petition the court shall enter a decree either denying such petition or modifying or rescinding the decree, as to the court may appear to be just, proper, equitable, and to the best interests of the community.
  (e) A certified copy of such decree shall be recorded in the office of the register of deeds for the county where the decree was entered and for the county where any of the community property is then located and such recording shall constitute notice to all parties of the facts contained in such decree as to all property located in any such county.
  (f) Whenever a probate court under the provisions of Act No. 288 of the Public Acts of 1939, as amended, has jurisdiction with respect to a spouse who is mentally incompetent, an habitual drunkard, or otherwise incompetent, such court shall have jurisdiction concurrent with that herein provided for the circuit court with respect to proceedings under the provisions of this section.
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