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Understanding Property Division in Michigan

Understanding Property Division in Michigan​

  • Divorce, Property Division
When a couple decides to divorce, they need to address how to divide their property and their debt. There is general information available about Michigan property division that may be helpful for couples to know.

Property Division

Spouses may own property together like a house, car and furniture. This is called marital property. They may also have joint debt like a mortgage, car loan, credit card debt or other loans. This is called martial debt.

The divorcing couple may want to sit down together and list all of their property and debts, as well as how they plan to divide them. A judge will need to review the agreement to ensure it is fair to each party.

When separating spouses can’t agree

If the spouses cannot agree on how to divide the property, the judge will divide the property for them. The judge may review the length of the marriage, each party’s financial needs, earning capacity and other factors. Usually, each party will receive about half of the marital property and debt but it is dependent on their individual circumstances.

Divorcing spouses who have separate property usually keep it individually in a divorce. Separate property may include items one spouse owns before the marriage or an inheritance he or she receives during the marriage. However, if separate property is put in a joint bank account or otherwise used for marital purposes, it may become marital property.

An experienced attorney can help divorcing spouses with property division questions to ensure their assets are protected, as well as provide representation for other divorce matters.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

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“[They] represented me in a very difficult divorce and stood by me through numerous conflicts with my ex-wife after the agreement was final. Annette assisted me in every step of the case preparation, provided outstanding council regarding the financial settlement, anticipated difficult questions from the court and opposing counsel, presented my case professionally and persuasively, and when things got tough this woman became a velvet hammer! Annette maintained her professional edge at all times as she politely, yet forcefully pummeled the opposing counsel’s arguments. It’s clear that she has earned the respect of Judges. This respect and her credibility benefited me and my position during difficult litigation and in the decisions made by the Judge. Over the years since my divorce was final, Annette has promptly responded to my post judgment requests for support and frankly, she has never failed me. Great advice, great guidance and great support. When you’re in front of a Judge in these very trying important moments, you realize how critical it is to have the right representation. Annette and the office staff worked together, with me, to successfully fight the most important battle of my life. Hiring Annette Benson Law was one of my very best decisions.”
R.E.
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O.T.
“My divorce was uglier than I ever anticipated. My ex-husband pretended to be cooperative and kind in front of the Judge, but at home, he was nasty and manipulative and I was petrified! I trusted Annette would be my best advocate in the courtroom, as her reputation speaks for itself. What I didn’t expect was her total understanding of the bs I was dealing with at home. It was like she knew my husband, and anticipated his every move! She gave me advice on how to act, what to say and not say and sure enough, I gained control over the game playing and was able to shut it down. Annette’s help was more than securing my finances, she helped me find the confidence to believe in myself and move forward with direction rather than in fear. I am grateful for her insight, compassion, and direct approach – without it, I think I’d still be hiding in my own skin”.
L.G.
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M.K.
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D.O.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.