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Michigan Divorce Attorney Jannelle Zawaideh

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Is Michigan A Community Property State?

Feb 04, 2017

If you are considering filing for divorce in Michigan, it becomes important for you to understand the specific laws that govern the state. One of the key laws that is likely to impact you as you consider your options for buying property here is about your property. Some states are classified as community property states. Others are equitable distribution. Depending on where you stand with ownership of your belongings, you may be concerned with what each of these means.
Michigan Is Not a Community Property State

First, recognize that Michigan is not a community property state. It is an equitable distribution state. That’s important to know for various reasons. In short, it means that when a Michigan divorce occurs, the state will likely distribute the assets from the marriage between the spouses in a way that is considered fair to both parties. It is important to recognize that equitable does not mean even. The court is not likely to distribute property amongst the spouses in an equal manner. That does not mean you will get nothing.

Rather, the court will look at a variety of circumstances to determine what is fair. For example, someone may be at fault for the marriage dissolving. Someone may have contributed significantly more to the marriage than the other spouse did. Many factors play a role in what is considered fair. When you go to court for a divorce, you will find that the courts will make a number of big decisions like this for you.

You can avoid that by working with a Michigan divorce attorney and, if possible, your soon to be ex. The goal is to create a plan for the division of property that you and your spouse agree on. If it is considered to be fair by the judge, the judge is not likely to make key changes to that agreement. However, it is important to consider both individuals’ needs going forward and to create a division of property that gives each an equal opportunity to do well in the future after the marriage is dissolved.


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