What to know about Michigan marital property division

On Behalf of | Jul 16, 2020 | Marital Property Division |

Divorce comes with an array of concerns for both spouses, especially when children are a factor. Among the most vital issues is that of property and asset distribution. However long you were married, you likely accumulated assets and purchased properties as a couple. Of course, the longer you were married, the more complicated these division matters become. Whatever the case, it may help you to understand the specifics about Michigan’s property division laws when spouses decide to end their marriage.

Equitable distribution and what may happen to your family home

This state, like most states, follows the equitable distribution approach for property division amid a divorce. That means that, should your divorce end up in court, the judge will divide marital property based on fairness.

What do we mean by fairness? Well, for example, the judge may see that Spouse A contributed significant time and effort to Property A while Spouse B did very little for its upkeep. Should you contribute financial contributions from a separate asset, however, the property remains marital as the finances have comingled.

Furthermore, fairness or “equitable” division may not factor into some scenarios. Should you be at fault for the divorce, or if other factors like child custody come into play, you may find that the court distributes the property unevenly.

That said, if your spouse ends up with full custody of your children, they may receive the family home in the divorce even if you contributed more to its upkeep and other needs.