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How is marital property divided in Michigan?

| May 19, 2021 | Family Law |

In Clinton Township and the rest of Michigan, marital property gets divided based on a concept known as equitable distribution. This means that you and your spouse’s property should get divided fairly.

What counts as marital property?

Marital property comprises all the properties a couple gained after they get married. This property then gets divided by the couple if one of them files for a divorce. Family law is often flexible in determining the division of marital property. However, separate property is considered one spouse’s sole property and does not get divided in a divorce.

How does marital property get divided in Michigan?

According to state laws, the courts must determine how to divide the property fairly. In most instances, this means both partners get entitled to half. There are exceptions to this, of course. If one partner has committed adultery or needs more space for a child, the property may get divided more unequally yet still equitably. In these cases, the spouse who gets more property often takes on more debt that accrued during the marriage.

What else do you need to know about Michigan property laws?

In Michigan, community property is not formally recognized, but a couple might be subject to a law known as the Uniform Disposition of Community Property Rights at Death Act. This act preserves the rights of each spouse if one of them passes away. The only exception to this is if the couple waived or changed their community property rights.

It might be difficult to understand what your property rights are and what you get entitled to. The courts have the ultimate say on what you receive, so you’ll naturally want to have a better idea of what that is before filing for a divorce. Meeting with an experienced attorney may help you to figure out what assets and debts you might walk away with.