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How Is Property Divided Under Michigan Divorce Law?

Jan 07, 2016

12896599_s.jpgIt's a big decision to file for divorce. Many times, homeowners and those who own assets wonder what they can expect in terms of property division if they go through this process. Michigan is an equitable distribution state. When you work with your divorce attorney, he or she will help you to navigate what this means in your individual situation. Generally speaking, the court will make the final decisions in relation to property division after all factors of the divorce are finalized. However, if you and your soon to be spouse can work together to come to an agreement, you'll find this process is much easier to navigate.

What Factors Play a Role in These Decisions?

The court will consider a wide range of factors when determining who should receive what property within the state. Generally, they will consider factors such as:

  • The conduct of the individuals both now and previously
  • The life status of the people involved
  • The cause of divorce
  • The ability of each spouse to earn an income
  • The contributions made towards the property
  • The source of the property
  • The length of the marriage
  • Any decision on the fault of the divorce
  • The age and health of each person
  • The amount of equity present

In short, the goal of the court is to determine the fairest way to divide real estate and other assets owned by the married couple. It is not necessarily divided in half. And, just because one person is at fault does not mean that he or she will get nothing. Generally, an overview of the situation will reveal key factors that the judge uses to determine how the property should be divided.

If you hope to file for divorce in Michigan, talk to your attorney carefully. Work with your spouse if possible to devise a plan that fits both needs. This could help you to avoid the judge making all decisions regarding your assets.



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