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I have been practicing divorce and family law in Oakland County, Michigan for 29 years.  While there are so many different issues that can come up in a divorce, one that almost always comes up is how to divide personal property like televisions, tables and the like.  One particular type of personal property that I am often asked about is family heirlooms or antiques.  This blog is written to generally address what will happen to heirlooms or antiques that have been handed down from previous generations.  If a potential divorce or separation is in your future, it is always a good idea to consult with a  knowledgeable family law attorney to get an understanding of your rights.  You can schedule a consultation with us by clicking on this link or calling (248) 608-4123.

What Happens With Family Heirlooms Or Antiques In A Michigan Divorce?

The first thing that we do when it comes to dividing the personal property between two divorcing spouses is categorize the  property as marital or separate.  Marital property is subject to roughly equal division between them, while separate property is considered the separate property of one of the two spouses.  Separate property is typically awarded solely to one spouse without offset from any other assets or cash to the other spouse.

Marital property is generally all property that comes into the marriage through the efforts of either party during the time that they are married.  This means that almost all of a person's personal property is going to be considered marital property and subject to equitable division.  This is typically done by awarding each party personal property of a roughly equal value, there is typically not an offset by cash payments from one spouse to the other. For example, if one party gets a kitchen table worth around $500, then the other gets a couch worth around that amount or some chairs or a television, and this is done with all of the marital personal property so that at the end each party has property that has the same rough estimated value.

Separate property is defined by a list of categories of property.  Family heirlooms and antiques are one of the categories that qualifies as separate property.  So if you have such property, then you should not have to worry about sharing that with the other spouse or offsetting the value of that with other property.  So, if you are awarded an antique that has been passed down by your grandmother that is worth around $1,000, you will get that antique as your sole and separate property without having to offset it with any other personal property or cash.  

This is only one small issue that must be addressed in a divorce.  If you or your spouse are considering filing for divorce, it is in your best interests to schedule a consultation by clicking on this link or calling (248) 608-4123.