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Property Division

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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Friday, October 5, 2018

Is an Amicable Divorce Possible?

While bitter celebrity divorces often make the news, untying the knot doesn’t always mean a knock-down drag-out fight for the rich and famous. And it doesn’t have to be that way for people of more modest means either. Getting a divorce can be amicable.

After all, while there may be more marital property to divide for wealthier couples getting divorced, the more important issues of child custody, visitation, and support generally find parents willing to put what’s in the best interest of their children before their issues as a couple. They do this in the spirit of attempting to co-parent successfully if only for the sake of their children.


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Friday, July 20, 2018

What Happens if My Spouse Dies During Our Divorce?


Very generally speaking, a divorce case starts when one spouse files what is called a "Complaint for Divorce".  Once the Complaint is filed, then the filing spouse must formally serve a copy of the Complaint on the other spouse in order to proceed with the case.  The case ends when the parties either come to an agreement on all the issues (often at mediation), put that agreement into a written document called a Judgment of Divorce, present the Judgment to the Judge and the Judge signs the Judgment.  Alternatively, the parties have a trail, the court (judge) makes its decision and then it signs the Judgement of Divorce and provides notice of its decision to the parties.  In either case, the parties are not divorced until the Judge signs the Judgment.
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Tuesday, June 19, 2018

Seven Things You Didn't Know About Division of Debt During Divorce

If you are contemplating a divorce or going through a divorce, it can help to understand the laws and rules for dividing marital debt. Just like assets, debts are divided into marital debts and non-marital debts. However, a judge does not use this distinction as the only factor when dividing marital debt. Below are seven additional things our


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Friday, May 11, 2018

What Will Happen to The Marital Home in a Divorce?


One of the biggest assets that most people own is their residential property.  This is not only their home and place, it is also a large part of the nest egg.  People are often very concerned about what will happen with the marital home and how this asset is handled in a divorce case.

The Marital Home is Almost Always Considered Joint Property

Typically, the marital home where both parties reside is considered joint marital property and any equity in the home will be equally divided.  This is true regardless of how the home is titled or whether the mortgage is in the name of one or both parties.


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Friday, May 4, 2018

Fault and Divorce in Michigan: Part Three - Emotional and Verbal Abuse


Fault and Divorce in Michigan 

When handling divorce matters, the issue of fault often comes up.  In Michigan, by law, there are many types of fault that the court may consider when dividing property or awarding alimony.  One form of fault that is unfortunately present in many divorce cases is emotional and verbal abuse.

Emotional and Verbal Abuse

In many cases there are issues surrounding emotional or verbal abuse.  This can be a very serious form of abuse from name calling to constantly berating the other spouse as a means for control.


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Sunday, April 29, 2018

Fault and Divorce in Michigan Part Two - Economic Fault


Fault and Divorce in Michigan 

When handling divorce matters, the issue of fault often comes up.  In Michigan, by law, there are many types of fault that the court may consider when dividing property or awarding alimony.  The primary type of fault that most people think of when it comes to the topic of divorce is infidelity however another type of fault that often comes into play in this cases is economic fault or waste.

Economic Fault or Waste

Economic fault or waste most often involves cases where one party has gambled away significant portions of the marital funds or estate without the consent of the other party, where one party has wasted funds on drug abuse or alcoholism or one party has wasted significant funds pursuing an extramarital relationship.  There are other types of economic fault as well.


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