McGuigan Law Website

  • Home
  • Practice Areas
    • Family Law
    • Child Custody
    • Child Support
    • Divorce
    • Divorce Mediation
    • Legal Separation
    • Parenting Time
    • Property Division
    • Spousal Support / Alimony
    • Same Sex Marriage
    • Post Judgement
    • Other Practice Areas
      • Assault and Battery
      • Burglary
      • Copyrights
      • Domestic Violence
      • Drug Crimes
      • DWI / DUI Defense
      • Expungements
      • Felonies
      • Guns and Weapons Charges
      • Homicide
      • Misdemeanor Criminal Defense
      • Sex Offenses & Rape
      • Traffic Violations
      • White Collar Crimes
  • Locations Served
    • Oakland County
    • Macomb County
    • Wayne County
  • Attorney
  • Testimonials
  • Blog
  • Contact
248.356.9100
  • Home
  • Uncategorized
  • Who Will Keep the House? Marital Property Division in Michigan
 

Who Will Keep the House? Marital Property Division in Michigan

Who Will Keep the House? Marital Property Division in Michigan

by donm / Sunday, 12 February 2017 / Published in Uncategorized

How will our property be divided during our divorce in Michigan?

Making the decision to file for divorce is never an easy one, and often a main concern of divorcing couples is how the family’s property will be divided.  Family assets could include the marital home, retirement and pension plans, businesses, rental property, and more.  Deciding who should get what is always a challenge, and if the divorce is contentious, it can get all the more acrimonious.  Having an experienced Michigan property division lawyer will prove vital to ensure your interests are represented to the fullest extent.

Equitable Distribution is Not Always Equal

In Michigan, marital property is divided according to the rules of equitable distribution.  Equal distribution is the division of community property in a fair manner.  Fair does not necessarily translate to a fifty-fifty split.  Rather, a court will consider several factors to reach a fair division, including:

  • Length of the marriage;
  • Needs of each party;
  • Needs of the children;
  • Earning powers of each party;
  • Source of the property;
  • Where the funds for property acquisition came from; and
  • The cause of the divorce, including the fault of either party.

This list is not exhaustive and a court can consider other factors that it finds relevant under the circumstances.

Separate Property vs. Marital Property

Not all property will be subject to equitable division.  A vital step towards dividing your family property will be determining what property is marital, and subject to the laws of equitable distribution, and what should be considered separate property.  In the event of a divorce, separate property will go back to its individual owner.  Marital property includes any assets or property acquired during the marriage, which may include homes, cars, furniture, artwork, savings accounts, retirement accounts, and more. Separate property, on the other hand, is property earned or received before the marriage or an inheritance received during the marriage, but kept in a separate account.  Property division is a complex and high-stakes matter, so consult with a divorce attorney as soon as possible to protect your legal rights.

  • Tweet

About donm

What you can read next

divorce requirements
Requirements for a Divorce in Michigan
Who Will Keep Fido? A Look at Pets and Divorce
divorce attorney
Does a Divorce Mean You Have to Sell Your House?
  • Family Law
  • Child Custody
  • Child Support
  • Divorce
  • Divorce Mediation
  • Legal Separation
  • Parenting Time
  • Property Division
  • Spousal Support / Alimony
  • Same Sex Marriage
  • Post Judgement
  • Other Practice Areas
    • Assault and Battery
    • Burglary
    • Copyrights
    • Domestic Violence
    • Drug Crimes
    • DWI / DUI Defense
    • Expungements
    • Felonies
    • Guns and Weapons Charges
    • Homicide
    • Misdemeanor Criminal Defense
    • Sex Offenses & Rape
    • Traffic Violations
    • White Collar Crimes
CONTACT US

Call us at 248.356.9100 or fill out the form to schedule your free consultation.

  • This field is for validation purposes and should be left unchanged.

CONTACT US

248.356.9100 - Phone

CONTACT US

248.356.9100 - Phone

OFFICE LOCATIONS

24750 Lahser Road
Southfield, MI 48033

OFFICE LOCATIONS

24750 Lahser Road
Southfield, MI 48033

7115 Orchard Lake Road, Ste. 220-C
West Bloomfield, MI 48322

  • Macomb County
  • Oakland County
  • Wayne County
Copyright © 2023
TOP