Opinion
366967
12-27-2023
William C Scott v. Theresa L Scott
LC No. 2020-001223-DM
Kathleen Jansen Presiding Judge Sima G. Patel Kristina Robinson Garrett Judges
ORDER
Kathleen Jansen Presiding Judge
In lieu of granting the application, the Court orders, pursuant to MCR 7.205(E)(2), that the June 9, 2023 order of the Macomb Circuit Court denying defendant's motion to amend the divorce judgment is VACATED. Under Sands v Sands, 442 Mich. 30; 497 N.W.2d 493 (1993), courts are to consider a party's attempt to conceal assets as a relevant factor in making an equitable division of the property. Where it is undisputed that plaintiff acquired property before entry of the divorce judgment, defendant should be provided the opportunity to conduct discovery regarding plaintiff's undisclosed gambling winnings and to file a new motion regarding the judgment if warranted after conclusion of that discovery. The case is REMANDED for proceedings consistent with this order.
This order is to have immediate effect, MCR 7.215(F)(2).
The Court retains no further jurisdiction.