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Marital Property Division
When two people marry, they combine their lives. When they divorce, they must split their joined life apart, piece by piece. Marital property division is very easy in some ways, and in other circumstances it can become difficult and contentious. You always want the help of a Michigan divorce lawyer to divide the details at the end of your marriage.
What Is Marital Property?
Marital property is defined as property you and your spouse acquired during your marriage and that is owned by both of you, whether there is a title or deed to go with the property and regardless of whose name is on that piece of paper. Property, in divorce terms, can include everything from the family home to the family dog, cars to furniture. Deciding who gets what can feel ironically like registering for a wedding registry – only this time you’re going through the marital home and making a mark on the items you want to claim.
What Is Separate Property?
Items that are not marital property are called separate property and the party who originally owned the property usually keeps their separate property in a divorce, like a rental unit that one spouse owned before the marriage, or an inheritance one spouse got during the marriage. There are some situations, however, where separate property can be divided. In the case of the rental unit, for example, if the other spouse contributed to the improvement or growth of the property, they may be entitled to part of the unit’s value or increase in value.
Separate or Marital Property?
Separate property can turn into marital property if it is used regularly for marital purposes or held in a joint bank account, like an inheritance or monetary gifts from a family member used to pay down the mortgage on your family home.
Determining whether property is marital or separate can be confusing and complicated, and it is a common area of contention in divorce negotiations.
Understanding Equitable Distribution
Michigan is an equitable distribution state. This means a couple is encouraged to come to their own settlement where marital property division is concerned, but if they cannot a judge will determine what is equitable. “Equitable” does not necessarily mean “equal.” There is no mathematical formula that must be followed, but the judge in the divorce case will divide a pair’s assets in the manner he or she considers most fair.
Many factors can influence how a judge rules when it comes to marital property division. These may or may not include:
- The length of the marriage
- What each person contributed to the marital property
- The circumstances and needs of both parties
- The age and health of the parties
- Earning potential
- Each spouse’s conduct
Transferring Property and Titles
Even though your judgment of divorce will state which party is keeping which property, you will still need to do more paperwork or make certain efforts to officially transfer deeds or titles. The divorce papers will typically state how long a party is given to make these transfers. One party can file a motion asking the judge to enforce their judgment of divorce if the transfers are not made.
Learn More About Marital Property Division from a Michigan Divorce Lawyer
Your Michigan divorce lawyer wants you to get the fairest divorce possible, and careful negotiation and settlement regarding marital property division is part of that. If you’re worried about protecting your personal belongings, property, or money from your ex, or if you’re worried that your ex will try to hide marital property from you, get support now. Schedule a free initial consultation with Femminineo Attorneys in Mount Clemens, Michigan. We will help you protect what’s yours.
What makes us the right divorce attorneys for you?
Family Law Expertise
Most lawyers are in a general practice and do some of everything. One of our main focuses is on Family law and being expert at divorce, custody and support matters.
We are in court daily, working with the family court judges, their staff and clerks, the Friend of the Court office, the Bar Association and other attorneys working in this area. We pride ourselves on fighting hard for our clients while working well with everyone.
Our extensive experience and strong relationship with the courts and our peers leads many judges and attorneys to hire us to act as Mediators in other Family Law cases. Make no mistake; having a strong working relationship with the court can have a massive impact on your case. Unlike most attorneys, we have no fear of the court room and are in trial regularly against the best in the business. We see the judges every week and maintain strong ties with their staff.
Although every attorney can “handle” your case, Femminineo Attorneys cares about you and your family. We work extremely hard to keep this difficult process civil and to shelter your children from as much of the negative facets as possible.
Once your case is concluded, we will be there to help you with any post-judgment problems that may arise.
Everyone’s financial situation is different and we work with our clients to formulate a fee arrangement that works within your means.
We have handled every possible situation involving domestic law. We will do everything possible to wrap up your case in a timely manner, avoiding delays that cause unnecessary legal fees.
When your case cannot be easily solved, we will fight hard and use all of our resources to win. Unlike most attorneys, we have no fear of the court room and we regularly win cases against the best in the business at trial.
Unlike many attorneys who have a part-time typist and work 30 hours a week, we have an expert staff available all day long to assist you and provide immediate service. We are available to our clients 24 hours a day through our hot line at 586-854-3654.
At Femminineo Attorneys, your case will be handled by an experienced family law attorney. Each of our attorneys in our family law division has many years of experience in handling family law matters.
We encourage you to see these differences for yourself and call today to speak with one of our partners or schedule a free consultation at our office.
During traditional business hours, please call us at:
After hours and weekends, we are still available for you to speak to an attorney via our 24 Hour messaging center:
(586) 854 3654
Michigan Divorce Attorney
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The information presented within this website is for general information purposes and is NOT and should not be considered as being “legal advice”. You should not act on any information presented herein without the verifying same with your attorney.