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Division of Assets in Michigan Divorce Cases

There are two types of property in a marriage: marital and separate property. Marital property is all property acquired during the marriage, even if one’s name is not on the title. Separate property is anything that was owned by a spouse prior to the marriage, gifted or inherited during the marriage.

Marital Property in Michigan

Marital property is divided fairly in Michigan. This means that marital property is generally divided in half. However, there are situations where the division of marital property is divided differently. Examples are when one spouse may take a larger share of the marital debt, if one partner has a greater need for property, and if one person is more at fault for ending the marriage.

Separate Property in Michigan

Separate property is NOT divided, but there are exceptions to this rule. If the other spouse contributes to the acquiring, improvement, or growing of the separate property, or if the marital property is insufficient to meet the other spouse’s needs, separate property can be divided. There also may be the need to invade the separate assets if the marital portion is not sufficient for equal division.

By danielmarchesemiattorney | Published August 21, 2018 | Posted in Asset Division, Civil Litigation, Discovery, Divorce, Equal Division of Assets, Gifted Property, Inherited Property, Judgments, Macomb County, Oakland County, Proeprty Division, Real Estate, Separate Property | Tagged Asset Division, Filing for Divorce, Inherited Property, Macomb County Michigan, Marital Property, Oakland County Michigan, Property Division, Real Estate, Rochester, Rochester Hills, Separate Property, Shelby Township, Sterling Heights, Troy, Washington | Comments Off on Division of Assets in Michigan Divorce Cases

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Daniel did a great job in preparing our trust. Was affordable and worked around our schedule.
Mr. Marchese has been excellent in reviewing my trust. His suggestion and criticisms have helped me greatly and I feel confident that I have it set up to for my best benefit. He is always courteous, available and has his clients best interests at heart.
Dan was extremely thorough and completed my divorce filing and will with a personal touch and genuine concern for my welfare that went far above and beyond what I could have expected.
Mr. Marchese took the time to thoroughly review my circumstances and finances and provided me with the information I needed to make a logical decision and resolve my financial situation in the manner most beneficial to me.
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Mom’s house was to be sold within days, and my mom had forgotten that she had a trust and the trust owned the house. Daniel was able to put together the paperwork needed to enable the sale of the house without issue and on schedule.
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Knowledgeable, professional and quick to respond.
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My husband and I are very satisfied with Mr. Marchese’s professionalism and knowledge in litigating my probate settlement.
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Daniel Marchese has been very helpful, and incredibly professional in planning my family's estate. We are thankful for all that he has done.
Estate Planning Attorney - Very thoughtful and encouraging in his effort to do our families' estate plan.
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Excellent attorney, spent a lot of time helping us with our estate issues, highly recommended
I reached out to the Marchese Law Firm to get some serious questions answered about Estate Planning. We have kids a few years from college, and retirement beyond that for us, so I wanted to make sure I could find a trusted lawyer who could really help us understand the best course of action for us.
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I chose Mr. Marchese to handle my divorce case based on his professionalism and guidance in my consultation. He was supportive through a long, drawn out process. He always reviewed potential actions with me and respected my feedback and wishes. In the end, he was able to lead me to the desired outcome. His patience and guidance made a difficult process much easier.
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I consulted Dan with respect to my divorce and came out of our meeting so much better prepared. I was worried I was going to experience significant anxiety with my divorce but with Dan’s expertise, I feel very confident and stress free moving on with my life.
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Dan Marchese really puts your needs first when representing you as a lawyer. He made sure to go over the smallest detail regarding my will and even surprised me with parts that most regular lawyers will miss. He can relate to you on a personal level and takes away the stress that typically arises when dealing with attorneys.
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I met Dan through a mutual friend and he came highly recommended. I own a small business in which I have most of my retirement tied up in. Dan got me set up with a trust and will and I couldn’t be more thankful now going forward. He really puts your mind at ease. Only wish I would have gotten his contact info sooner!
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Daniel was very thorough and competent in representing me in my divorce. He was knowledgeable and patient when explaining things to me and realistic in predicting the possible outcomes. He has a great sense of humor which kept me grounded, and his calm manner was very reassuring.
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Just an overall great guy and extremely professional especially for delicate topics like prenuptial agreements. He works harder than any of the lawyers I consulted with before meeting him. Thanks Dan for all your help and guidance.
Daniel really cares and takes care of his clients. He is not only a great attorney, but he is also a beautiful human being; hard to come by in this field. I choose him for his compassion and reputation. Divorce was a heart breaking life experience and I needed to someone I could trust. He is patient, kind and really looks into every detail to make sure you're well...

The Marchese Law Firm

929 W. University Drive
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Rochester, Michigan 48307

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