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Property Division

Wednesday, May 1, 2019

How Does a Judge Decide Who Gets What in a Divorce

When it comes to a divorce, most of the time the parties (the people getting divorce) and counsel negotiate the division of the parties assets, debts, real estate and personal property.  This is called the property settlement or property division part of the case.  Sometimes the parties are able to reach an agreement on how to do this between themselves with some guidance from the attorneys, then the attorneys prepare the appropriate documents to accurately reflect the agreements and make them legally binding.  In many cases the parties are not able to reach an agreement between themselves, 


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Saturday, April 27, 2019

What if My Spouse Refuses to Transfer Me My Share of Property After a Divorce?


Sometimes people who are facing a divorce are concerned that their husband or wife will simply refuse to transfer assets or somehow avoid it.  This is a particular concern for the spouse that has the lower income or where the other spouse has always had control of the finances and retirement accounts.  In some of these situations, the other spouse will refuse to provide even basic information or account statements.  Other cases there are situations where one spouse will hide all of the statements or lock all the financial information away in a cabinet that the other spouse does not have access to.

 

Forcing Division and Transfer of Property in a Divorce 

Fortunately there are many ways that the attorney is able to determine where the money is invested and the value of those investments.


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Wednesday, April 3, 2019

What Date Will the Court Use When Valuing Property or Dividing Accounts in a Divorce?


Custody, parenting time and child support are only an issue in cases where people have children.  Alimony may be applicable in cases where there is a serious wage disparity or other grounds to order it.  Property division is an issue in almost every single divorce case.  One thing the court or the parties must determine is what date does the court or the parties use to value the parties property and divide accounts. 

Why Does it Matter What Date is Used to Value Accounts or Property?

In a very simple divorce, the date of valuation might not make much if any difference.


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Friday, February 15, 2019

Will A Divorce Court Enforce A Marital Contract (aka) A Contract to Pay Money to Get Someone To Marry You?

Will A Court Enforce A Contract To Pay Money To Get Married?
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Friday, February 1, 2019

How is Separate Property Determined During a Divorce?


One of the commonly litigated issues in a divorce is the separation of property between the spouses. Michigan follows the equitable distribution theory for dividing property in a divorce. Equitable distribution means “fair” not “equal.” Therefore, when parties cannot agree to a property division settlement, the court determines a fair and equitable division of marital property.

A spouse may argue that certain property is separate property to prevent the court from including the property in the final property division order.

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Wednesday, January 23, 2019

I Inherited Money While I Was Married - Will I Have to Split it in a Divorce?


Property division can be a fiercely litigated issue in a Michigan divorce case. A spouse may disagree about several issues related to property division, including what constitutes marital property.
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Tuesday, January 8, 2019

What Happens to Debt In A Divorce?


What Happens to Debt In A Divorce?

The division of marital debt is included in the property division of the judgment of divorce.  In general, debts are treated as negative assets in valuing an overall property award and courts typically allocate them according to the same equitable principles that govern property division in general.

First, the court or the parties (the married couple getting divorced) have to determine whether the debt is separate or marital.  Almost all debt incurred by either party during the marriage are considered marital debts, regardless of which party incurred the debt, even in cases where the other party may not have agreed with or directly benefited from the debt.  There are certain exceptions such as student loan debts and others regarding wrong doing (such as unreasonable gambling debts, debts incurred pursuing an affair and debts related to criminal activity).


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Wednesday, December 12, 2018

What Happens To Property I Purchase When Separated From My Spouse If We Get Divorced?

What Happens To Property I Purchase When Separated From My Spouse If We Get Divorced?
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Sunday, December 9, 2018

How Does Property Get Divided In A Divorce?

How Does Property Get Divided In A Divorce?

While some cases may involve children and others alimony, virtually every divorce case involves dividing property between the spouses.  


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Sunday, December 2, 2018

Should I Have Repairs Done On The Home Before Filing For Divorce?

Should I Have Repairs Done On The Home Before Filing For Divorce?

In Michigan divorce cases division of debt is generally a two-step process.  The first step is to determine whether the property in question is martial or separate property.


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Thursday, November 15, 2018

What Should I Do If My Spouse Claims They Don't Really Own Something?


What Should I Do If My Spouse Claims They Don't Really Own Something?

In Michigan, when a divorce court divides property, it first must determine whether the property is marital property, which should be divided equally between the spouses (hereinafter referred to as "the parties" or "a party") or separate. which should remain the property of only the owner party.  The legal definition of marital property is very broad and it encompasses generally anything that is earned or otherwise comes into the hands of either party during the marriage.   Separate property is limited by statute to property inherited by one party and kept separate, gifts to one party kept separate and property owned by one party before the marriage (premarital property) that has been kept separate,   

However, occasionally, one party attempts to claim that he or she does not even own the property but rather the party has conveyed the interest in the property (given away, sold, traded, or transferred by land contract for example) to someone else (often a friend or relative) or that the person never owned the property in the first place.  The type of person who does this appears to believe that he or she is more clever than anyone who has ever been divorced since people first started marrying and divorcing.


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