At the Divorce Attorneys of Michigan, we routinely help clients with property rights and division issues during divorces. Property questions often arise when there is property jointly owned during the divorce and the two spouses assert claims to those properties. If you have any questions or are facing possible property issues with your divorce, feel free to give us a call to discuss.
Call (248) 785-3634 today to schedule a free consultation with an experienced Michigan divorce attorney or fill out our contact form. The Divorce Attorneys of Michigan serves the entire Metro-Detroit area.
Oftentimes couples marry and bring property with them into the marriage. Generally, either spouse does not have any rights to those properties after a divorce. In other words, if you didn’t own the property before your marriage, you cannot claim it’s yours or want “half” when you divorce. Questions or issues arise during divorces when property is obtained or bought during the marriage. The question becomes, who owns it after the marriage?
Couples often fight vigorously over their share of what they feel is owed to them. Often, the bread winning spouse in the marriage believes that all the property obtained during the marriage is owned by him/her. This is a common misperception a spouse has, while logical, doesn’t hold up in court. The idea is that although one spouse was at work all day and creating an income for the family, the other was tending to other familial needs, such as home upkeep, children raising, and other activities stay at home spouses often engage in.
Property obtained and accumulated during the marriage is called marital property. Property obtained and accumulated before the marriage is referred to as pre-marital or separate property. Marital property is generally divisible between the two parties during a divorce. Property that is accumulated through the joint efforts of the spouses during the marriage is divisible. The increase in value of pre-marital property, or separate property, is also divisible if the increase is a result of or reflects the active involvement by one of the spouses. Property that was also obtained up until the date of the divorce judgment is also divisible.
Generally, Michigan’s laws call for an equitable, reasonable and fair division under the circumstances. Fair, equitable and reasonable usually means a 50-50 split between the two parties. Any deviance from such a split needs to be explained by the judge during the proceedings. Developed by case law, Michigan courts take the following factors in consideration when dividing up marital property:
Thinking and worrying about how a divorce will impact your financial health can be discomforting. At the Divorce Attorneys of Michigan, we can provide you with answers to your questions and help guide you through the process and give you a heads-up on property issues. Give us a call today to schedule your free consultation with a Michigan divorce attorney.Read Our Latest Firm News