Elkouri Heath, PLC

248-344-9700

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Who Gets Possession of the Marital Home in a Michigan Divorce?

Posted on in Divorce

Oakland County divorce attorney property division

The division of marital property is often one of the most important considerations in a Michigan divorce. For many divorcing spouses, one of the top questions is, “Who gets the house?” You and your spouse may be able to reach an agreement about what to do with your house. Mediation and collaborative law are two alternative resolution methods that have helped countless divorcing couples reach property division settlements. If you cannot reach an agreement, the decision regarding possession of the marital home will be left to the court.

Options for Dividing the Marital Home

You and your spouse have several options when it comes to the marital home. You may decide to sell the home and then divide the profits. If one spouse wishes to retain possession of the home, you may decide on a property division arrangement in which the spouse who gets the home “buys out” the other spouse. This is usually accomplished by one spouse retaining possession of the home and the other spouse retaining possession of the marital property of an approximately equal value.

Factors That Can Influence Property Division During Divorce

If you and your spouse do not reach an agreement about the division of marital assets and debts, the court will determine a property division arrangement for you. Only marital property, or property acquired during the marriage, is divided by Michigan courts during a divorce. Separate property is assigned to the spouse who acquired the property. However, there are many ways in which property can be “transmuted” or changed from separate property to marital property.

Michigan is an “equitable distribution” state. This means that courts divide property between the spouses in a manner that is fair, but not necessarily even. When determining an equitable property division arrangement, Michigan courts consider factors such as:

  • Any valid prenuptial agreement

  • Each spouse’s needs

  • Child custody arrangements

  • The financial circumstances of each spouse including the spouses’ income and earning capacity

  • Each spouse’s contribution to the acquisition of marital property

  • The health and age of each spouse

  • The duration of the marriage

  • Tax considerations

Contact a Novi, MI Property Division Attorney 

Possession of the marital home can be a contentious and legally complex issue during a divorce. If you have questions or concerns about the division of real estate and other property during your divorce proceedings, a Farmington Hills divorce lawyer from Elkouri Heath, PLC can help. Our team may be able to help you and your spouse reach a mutually agreeable property division settlement. If a settlement cannot be reached, we can provide strong representation during your divorce trial. Call our office at 248-344-9700 today to schedule a free, confidential consultation.

 

Source: 

http://www.legislature.mi.gov/documents/mcl/pdf/mcl-chap557.pdf

Oakland County Bar Association State Bar of Michigan Collaborative Practice Institute of Michigan WCCDBA Woman Lawyers Association of Michigan
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