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Property Division

In Michigan, property division during divorce follows the equitable distribution principle. This means that marital assets are divided fairly but not necessarily equally. As a property division attorney in Grand Rapids with over 20 years of experience, I have seen how this law impacts families. I am dedicated to handling each client’s unique situation with the utmost care and fairness.

I am Michael Haskell, founder of Haskell Law, PC, in Grand Rapids, Michigan. Not only am I a seasoned divorce attorney, but I also hold an MBA and am a divorced parent, which means I bring a unique perspective to property division cases. I understand the emotional and financial complexities involved, especially when children are concerned. I combine compassionate understanding with aggressive advocacy to protect your rights and assets.

When dividing property in a divorce, Michigan courts consider several key factors:

  • The duration of the marriage
  • The contributions of each spouse to the marital estate
  • The age and health of each spouse
  • The needs of each spouse
  • The earning abilities of each spouse
  • The standard of living during the marriage
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Frequently Asked Questions About Property Division

Going through the divorce process can be a huge endeavor. You can reach out to Haskell Law, PC, to have your questions answered.

What is considered marital property in Michigan?

Marital property includes any assets or debts that were acquired during the marriage. Assets owned before the date of marriage are typically considered separate property and not subject to division during a divorce. There are some exceptions, however. Gifts and inheritance obtained during a marriage are often considered separate property – unless they were later commingled with marital funds, for example. Business capital and other interests may also be considered part of the marital estate, even if the business was established before marriage, if the value of the company increased during the union.

What happens to the family home in a divorce in Michigan?

There are a few possible options when splitting a family house in a divorce. The house may be sold and the proceeds divided in the divorce. One spouse could buy out the other spouse’s half of the property and refinance the home into their own name. Sometimes, spouses agree to keep the home as co-owners until a later date, such as when minor children leave home.

There are several factors that could influence how a house is divided in a divorce, such as the needs of the parties, child custody, debts and financial contributions to the marriage.

How are retirement accounts divided in a divorce in Michigan?

Retirement accounts are subject to equitable distribution in Michigan. This means retirement accounts are divided fairly based on a few factors, including the type of accounts, tax considerations and financial contributions.

Can I keep my inheritance or gift in a divorce in Michigan?

In some cases, yes. Inheritance and gifts obtained during a marriage are typically considered separate property. However, if the inheritance or gifts were commingled, it can make it harder to identify the assets from the marital estate. Having detailed records of assets can help differentiate between separate and marital assets.

How are debts divided in a divorce in Michigan?

Michigan is an equitable distribution state, so marital assets and debts are divided fairly, not necessarily equally. A few factors must be considered, such as who acquired the debts, when and for what purpose. Debts acquired before marriage are typically considered separate property and the responsibility of the spouse who took them on.

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If you have children, their livelihood is also a key consideration in asset division. As a parent, I know how crucial it is to prioritize their needs and ensure they are cared for during this difficult time. As your divorce lawyer, I will fight to secure a fair distribution that supports your family’s future.

Sometimes, property division matters can become thorny due to various factors, such as:

  • Hidden Assets: Some spouses may attempt to conceal property or funds, making this process especially complex and contentious.

  • Undervalued Assets: Parties may intentionally undervalue property to reduce the share given to the other spouse, leading to an unfair outcome.

  • Commingled Business Assets: Mixing separate and marital assets can blur the lines of ownership, complicating the division process. Separating personal and business assets can also be challenging.

  • Business Interests: Dividing business assets requires careful valuation and consideration, as it can impact the livelihood of both parties.

These complicating factors make it incredibly challenging to divide marital assets and liabilities fairly. As an attorney with an MBA, I have the legal and financial acumen to navigate these complex situations and protect your rights.

For more information about property division from the trusted attorney at Haskell Law, PC, please contact us here or call us directly at 616.266.3076.